EDUCATION SERVICE CENTER REGION 12 REQUEST FOR PROPOSALS NO ONLINE COURSES Table of Contents. Introduction and General Information

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1 EDUCATION SERVICE CENTER REGION 12 REQUEST FOR PROPOSALS NO ONLINE COURSES Table of Contents Section 1.0 Section 2.0 Section 3.0 Section 4.0 Section 5.0 Section 6.0 Section 7.0 Attachment 1 Attachment 2 Introduction and General Information Scope of Work Vendor Information Contract Clauses Instructions for Submission Evaluation Process Representations and Certifications Proposal Form Felony Conviction Notification Form SECTION 1.0 INTRODUCTION AND GENERAL INFORMATION The Education Service Center Region 12 (ESC 12) is soliciting proposals for online course providers (Contractors) to partner with the Education Service Center Region 12 (ESC 12) Virtual School Program to provide online courses for middle and high school students in public, private, and charter schools throughout Texas beginning with the school year. Proposals will be received until 11:00 A.M., May 2, Offers will be opened and evaluated at 1:00 P.M. on May 2, 2016 by a committee consisting of ESC 12 employees. Responding vendors should have a proven track record of managing and delivering a full-time or supplemental online education program. All courses shall comply with Texas curriculum standards and instructors shall possess valid Texas teacher credentials. A response to this RFP by no means obligates the ESC 12 to respond to or negotiate with any Provider. The contract will be awarded to the selected Provider upon approval by the ESC Region 12 Board of Directors on June 16, Education Service Center Region 12 (ESC 12) Virtual School Program The ESC 12 Virtual School Program provides online courses for middle and high school students in public, private, and charter schools throughout Texas through the Texas Virtual School Network (TxVSN). 1

2 1.2 Texas Virtual School Network (TxVSN) The Texas Virtual School Network (TxVSN), created by the 80th Texas Legislature in 2007, provides electronic (online) courses for students across the state that have been approved through the course submission and review process administered by the Texas Education Agency (TEA). All electronic courses to be made available through the TxVSN shall be reviewed and approved prior to being offered. All TxVSN courses must meet the definition of an electronic course in Texas Education Code (TEC) 30A.001 and the requirements for courses in Texas Administrative Code (TAC) (a) and align with 100 percent of the current state curriculum standards, the Texas Essential Knowledge and Skills (TEKS); International Association for K-12 Online Learning (inacol) National Standards for Quality Online Courses; and accessibility requirements established by the U.S. Rehabilitation Act, 508, and TxVSN accessibility guidelines. An electronic course is defined as an educational course in which instruction and content are delivered primarily over the Internet. A student and teacher are in different locations for a majority of the student s instructional period, most instructional activities take place in an online environment, the online instructional activities are integral to the academic program, extensive communication between a student and a teacher and among students is emphasized, and a student is not required to be located on the physical premises of a school district or charter school. An electronic course is the equivalent of what would typically be taught in one semester. For example: English IA is treated as a single electronic course and English IB is treated as a single electronic course. Successful course completion is the term that applies when a student taking a high school course has demonstrated academic proficiency of the content for a high school course and has earned a minimum passing grade of 70 percent or above on a 100-point scale, as assigned by the properly credentialed online instructor(s), sufficient to earn credit for the course. Properly credentialed online instructors are Texas-certified to teach that course and grade level per TEC, Chapter 21, Subchapter B and have successfully completed TxVSN-approved professional development (TEC 30A.112) or have otherwise met the TxVSN professional development policy requirements and have demonstrated mastery of the inacol National Standards for Quality Online Teaching prior to teaching through the TxVSN. 1.3 Enrollment and Payment School districts and open enrollment charter schools referred to as Receiver Districts enroll students in the TxVSN based upon courses listed by approved Course Providers in the TxVSN statewide course catalog. ESC 12 is an approved TxVSN Course Provider. TxVSN sends a Course Enrollment Notification message to the Course Provider when students are enrolled in that Course Provider s course(s). The Course Provider is responsible for setting up accounts for the students in their Learning Management System, assigning the course(s), providing the Instructor(s), managing grades, and reporting progress to the districts, students and TxVSN either independently or in partnership with a third party vendor. 2

3 TxVSN invoices the districts and open enrollment charter schools based upon Success Data submitted by the Course Provider for an amount not to exceed the cost of providing the course or $400 as follows: 100% of the course catalog price if the student successfully completes the course 70% of the course catalog price if the student does not successfully complete the course 70% of the course catalog price if the student course is dropped after the approved drop deadline 0% of the course catalog price if the student course is dropped on or before the approved drop deadline ESC 12 sends an invoice to TxVSN for revenue collected for courses provided by the ESC 12 Virtual School Program in partnership with approved third party vendors (Contractors). ESC 12 then sends a Purchase Order to the Contractors for courses provided based upon the amount collected by TxVSN. The Contractors invoice ESC 12 for their share of the revenue earned as per the rate specified in the written contract between ESC 12 and the Contractor. SECTION 2.0 SCOPE OF WORK 2.1 Purpose The Education Service Center Region 12 (ESC 12) is soliciting proposals for online course providers (Contractors) to partner with the Education Service Center Region 12 (ESC 12) Virtual School Program to provide online courses for middle and high school students in public, private, and charter schools throughout Texas beginning with the school year. 2.2 Online Courses All courses must: a) meet the definition of an electronic course in Texas Education Code (TEC) 30A.001 b) meet the requirements for courses in Texas Administrative Code (TAC) (a) c) align with 100 percent of the current state curriculum standards, the Texas Essential Knowledge and Skills (TEKS) d) align with the International Association for K-12 Online Learning (inacol) National Standards for Quality Online Courses e) meet the accessibility requirements established by the U.S. Rehabilitation Act, 508; and the TxVSN accessibility guidelines f) be submitted through the TxVSN for review and approval prior to being offered g) be reviewed according to the schedule communicated by TxVSN Course Review upon notification from Course Review that the TEKS for a course or the inacol National Standards for Quality Online Courses, or TxVSN Accessibility Guidelines have been revised. h) include a current course syllabus or course description with key information such as examinations requiring proctoring and other supporting information as required by TxVSN Central Operations, URLs or links accessible to students, frequency and schedule of all required synchronous lessons, and the frequency and process for reporting of student progress. i) Include all ancillary materials, tools and specialized software necessary to participate in the course 3

4 2.3 Online Teachers/Instructors All instructors employed by the Contractor must: a) be highly qualified, Texas-certified to teach that course and grade level per TEC, Chapter 21, Subchapter B b) have successfully completed TxVSN-approved professional development (TEC 30A.112) or have otherwise met the TxVSN Professional Development Policy requirements c) have demonstrated mastery of the inacol National Standards for Quality Online Teaching prior to teaching through the TxVSN d) successfully complete a minimum of one continuing professional development course specific to online learning every three years in accordance with the TxVSN Professional Development Policy e) be subject to employment requirements such as, but not limited to, a background check and fingerprinting as articulated in TEC (a) and (h) 2.4 Learning Management System (LMS) The LMS utilized by the Contractor shall include tools: a) to manage the content supplied to the student b) to track participation/log in activity, course enrollment and grades c) for asynchronous communication between teachers and students d) for synchronous communication between teachers and students e) for ESC 12 and Receiver District representatives to monitor student progress f) for students to post work g) to assess students h) to be easy to use and navigate, and be accessible on Mac and PC i) ensure a maximum class size limit of 40 students in a single section of a course and ensure that the class size does not exceed the maximum allowed by law and a charter school's charter, as applicable, whichever is less (TAC ) j) offer a minimum of 80 seats per approved course each semester unless prior approval is given by TxVSN Central Operations. k) serve all enrolled students, not to exceed 40 per section, regardless of the minimum number of students enrolled in a section so that TxVSN Receiver Districts have reliable course options for students. 2.5 Student Data and Reporting The Contractor shall maintain all student data as required to meet TxVSN reporting requirements including but not limited to: a) Demographic and enrollment information of the student b) Gradebook, including all assessment and test results c) Reports of student progress sent to the designated TxVSN Receiver District school representatives (site coordinators, mentors, learning coaches, etc.) at least one time per month d) Final Grade Report that meets the TxVSN requirements sent to the student and the designated Receiver District at the conclusion of the semester. e) Work with ESC 12 to report individual student Success Data to TxVSN Central Operations each semester in the requested format and by the timeline set by TxVSN Central Operations. f) by mutual agreement, extend for at least 10 school days the deadline by which a student must complete a course, if additional time is required to complete the course, 4

5 for a fee not to exceed $100. The TxVSN Course Provider may elect to extend courses for a longer period of time, charge less than $100, or not charge for extending the course window. The Course Provider shall note the incomplete when reporting Success Data in its My TxVSN workspace. SECTION 3.0 VENDOR INFORMATION Please provide responses to the information requested below with responses numbered to correspond to each item. 3.1 Experience Please provide an overview (four-page maximum) of your organization and history along with a description that speaks to your experience in providing high quality online courses and teachers at a distance. Include data that supports your company s success in this area. Include the legal name of the organization, its headquarters address, its principal place of business, the address of the branch where support will be provided if different from your headquarters address, its legal form (i.e. corporation, joint venture, limited partnership, etc.), and the names of its principals or partners. Include the name(s) of Project Account Manager/Team and a brief description of team member roles. List up to five clients for which services comparable to those requested in this RFP have been rendered, including a short description of the services. Provide three references, including client name, contact person and title, address and phone number. These may be, but do not have to be, a subset of the clients requested in the previous paragraph. 3.2 Online Courses and Demo Access Provide a list of the online courses (grades 9-12) you have available that re approved by TxVSN or will be approved by TxVSN by the Fall 2016 Semester with a web address that allows us to view the course descriptions. Please do not send a printed version of all course descriptions. Demo account access for four reviewers is required for a thorough review of all courses included in the proposal. 3.3 Alignment with Standards Demonstrate how your courses meet the requirements for courses in Texas Administrative Code (TAC) (a) and align with 100 percent of the current state curriculum standards, the Texas Essential Knowledge and Skills (TEKS); International Association for K-12 Online Learning (inacol) National Standards for Quality Online Courses; and accessibility requirements established by the U.S. Rehabilitation Act, 508, and TxVSN accessibility guidelines. 3.4 Learning Management System Describe the features of the LMS used in delivery and instruction of your online courses. Please include a description of the communication tools, reporting functionality, and whether data can be exported from the gradebook. Provide a summary list of reports available through the LMS, and sample reports for the school, classroom, and student levels that provide information on both time on task and student performance/progress. Explain the level of access to the LMS available to the ESC 12 and Receiver District representatives and parents. 5

6 Describe technical requirements for devices using the Learning Management System and content, including hardware and software. 3.5 Teachers/Instructors Demonstrate how the teachers/instructors who will teach the courses: a) are highly qualified, Texas-certified to teach that course and grade level per TEC, Chapter 21, Subchapter B b) have successfully completed TxVSN-approved professional development (TEC 30A.112) or have otherwise met the TxVSN Professional Development Policy requirements or will meet those requirements before the beginning of the Fall 2016 Semester. c) have demonstrated mastery of the inacol National Standards for Quality Online Teaching prior to teaching through the TxVSN Detail requirements for teacher responsiveness to student queries, assignments, and other communications. 3.6 Engaging and interactive lessons Describe the ways in which online courses are engaging, interactive, and demonstrate differentiated instruction and interactive features that meet the varying learning needs of students. In your description please address the following questions: a) Are pacing guides or average completion time per lesson included? b) Do courses include activities that engage students in active learning? c) Do courses provide opportunities for students to engage in high-order thinking and critical reasoning activities? d) How does the course foster teacher to student interaction and student to student interaction? e) To what extent do the courses include project-based learning opportunities that require students to research, solve problems, use appropriate tools for learning, collaborate and/or communicate in order to create and present a product of their learning. Are there both individual and group options? f) Are the course syllabi and lists of course activities available to ESC 12 and Receiver District staff? Please include a syllabus from one of your courses. g) What ancillary materials and tools are required to participate in the courses? How are those materials obtained? 3.7 Exceptional student education Describe the features of the program that will assist the school in meeting the academic needs of students with an IEP or 504 Plan. Examples may include, but are not limited to, textto-speech features, translation software, highlighting capabilities, etc. Provide verification that your courses meet the requirements established by the U.S. Rehabilitation Act, 508, and TxVSN accessibility guidelines. 3.8 Student Data and Reporting Describe your ability and willingness to meet TxVSN data and reporting requirements including but not limited to: a) Demographic and enrollment information of the student b) Gradebook, including all assessment and test results 6

7 c) Reports of student progress sent to the designated TxVSN Receiver District school representatives (site coordinators, mentors, learning coaches, etc.) at least one time per month but preferably one time per week. d) Final Grade Reports that meets the TxVSN requirements sent to students and the designated Receiver Districts at the conclusion of the semester. e) Assistance to ESC 12 to report individual student Success Data to TxVSN Central Operations each semester in the requested format and by the timeline set by TxVSN Central Operations. f) by mutual agreement, extend for at least 10 school days the deadline by which a student must complete a course according to the TxVSN policies as described in item 2.5 f) of this RFP. 3.9 Training and support Describe the training, support, and technical assistance to be provided to ESC 12 staff and Receiver District representatives throughout the term of the contract. Describe the technical assistance services available to parents and students when accessing the courses Fees Describe the pricing model that you prefer that complies with course fee maximums identified in item 4.3 of this RFP. Identify all fees associated with services that would be provided by your organization in an online course contract with ESC Deliverables and Timeframes Identify any important information that the RFP review team will need to consider regarding how quickly your organization would be able to provide online courses if requested to do so. Demonstrate either approval of courses by TxVSN or your timeline for alignment and submittal of courses for approval by TxVSN. SECTION 4.0 CONTRACT CLAUSES 4.1 Type and Term of Contract This is a fixed price, service contract under which the ESC 12 shall order all of its requirements for the supplies and services described in Section 1.0 from the successful proposer for the duration of the contract. The term of this contract shall be for one year, with the term commencing upon award of the contract. 4.2 Option to Extend To the extent provided for in the contract, the ESC 12, at its sole option, may extend the initial term of this contract annually for four (4) additional years by giving the Contractor written notice no later than thirty (30) days prior to the expiration of the current term. If the option to renew is exercised, the contract will continue under the same terms and conditions set forth herein. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. 7

8 4.3 Invoices and Payments The Contractor agrees: a) to the following drop periods without academic or financial penalty to the student or TxVSN Receiver District: For a non-continuous enrollment course, a 14-school-day drop period after instructional start date. For a continuous enrollment course, a 14-school-day drop period after enrollment date if student joins the course after the instructional start date. For an accelerated course, a four-school-day drop period after the instructional start date. b) that the Contractor is paid as per the rate specified in the written contract between ESC 12 and the Contractor for their share of the revenue earned based upon Success Data submitted to TxVSN for an amount not to exceed the cost of providing the course or $400 as follows 100% of the course catalog price if the student successfully completes the course 70% of the course catalog price if the student does not successfully complete the course 70% of the course catalog price if the student course is dropped after the approved drop deadline 0% of the course catalog price if the student course is dropped on or before the approved drop deadline a) The Contractor shall submit invoices to ESC 12 after ESC 12 has submitted the required Success Data and invoiced TxVSN at the close of each semester. b) Invoices shall be itemized and transportation charges, if allowed by the contract, shall be listed separately. c) Invoices shall reflect the Contract Number and the Purchase Order Number. d) Taxes must be shown separately on the invoices and excluded from amount due. Do not include federal or state taxes. The ESC 12 shall furnish a tax exemption certificate if requested. e) The ESC 12 s obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to the Contractor by the ESC 12. f) A copy of the bill of lading and the freight waybill when applicable shall be attached to the invoice. g) Payment shall not be due until the above instruments are submitted after delivery and acceptance. h) Mail invoice to Accounts Payable Department, Education Service Center Region 12, P.O. Box 23409, Waco, TX i) Suppliers should keep the Accounts Payable Department advised of any changes in their remittance addresses. j) If the Contractor is unable to deliver in the manner specified in the contract, the ESC 12 reserves the right to purchase the same or like goods on the open market and charge the difference to the Contractor. 8

9 4.4 Contractual Relationship Nothing herein shall be construed as creating the relationship of employer or employee between the ESC 12 and the Contractor or between the ESC 12 and the Contractor s employees. The ESC 12 shall not be subject to any obligations or liabilities of the Contractor or his employees, incurred in the performance of the contract unless otherwise herein authorized. The Contractor is an independent Contractor and nothing contained herein shall constitute or designate the Contractor or any of his employees as employees of the ESC 12. Neither the Contractor nor his employees shall be entitled to any of the benefits established for ESC 12 employees, nor be covered by the ESC 12 s Workers Compensation Program. 4.5 Gratuities The ESC 12 may, by written notice to the Contractor, cancel this contract without liability to Contractor if it is determined by the ESC 12 that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the Education Service Center Region 12 with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making or determinations with respect to the performing of such a contract. In the event this contract is cancelled by the ESC 12 pursuant to this provision, the ESC 12 shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 4.6 Advertising Contractor shall not advertise or publish, without the ESC 12 s prior consent, the fact that the ESC 12 has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government. 4.7 Venue Both parties agree that venue for any litigation arising from this contract shall like in Waco, McLennan County, Texas. 4.8 No Warranty by the ESC 12 Against Infringements As part of this contract for sale Contractor agrees to ascertain whether goods manufactured in accordance with the specifications attached to this contract will give rise to the rightful claim of any third person by way of infringement or the like. The ESC 12 makes no warranty that the production of goods according to the specifications will not give rise to such a claim and in no event shall the ESC 12 be liable to the Contractor for indemnification in the event that Contractor is sued on the grounds of infringement or the like. If Contractor is of the opinion that an infringement or the like will result, he will notify the ESC 12 to this effect in writing within two weeks after the signing of this contract. If the ESC 12 does not receive notice and is subsequently held liable for the infringement or the like, the Contractor will save the ESC 12 harmless (if the Contractor in good faith ascertains that production of goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void except that the ESC 12 will pay the Contractor the reasonable cost of his search as to infringements). 9

10 4.9 Availability of Funds The award of this contract is dependent on the availability of funding. In the event funds do not become available, the contract may be terminated, or the scope amended. A 30-day written notice will be given to the vendor, and there shall be no penalty or removal charges incurred by the ESC Compliance with Equal Employment Opportunity Regulations Education Service Center Region 12 requires compliance with executive order 11246, entitled Equal Employment Opportunity, as amended by executive order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). SECTION 5.0 INSTRUCTIONS FOR SUBMISSION Proposals should be concise and clear. Proposals must be complete. Failure to include all required information may result in disqualification or lower evaluation rankings. Responses to the RFP will be the primary source of information used in the evaluation process. Proposals should be as complete as possible. However, the Collaborative may: 1. Contact any applicant to clarify any response. 2. Contact any user of an applicant s services. 3. Solicit information from any available source concerning any aspect of the proposal. 4. Seek and review any other information it deems pertinent to the evaluation process. The following paragraphs provide an overview of the submission process. 5.1 Inquiry Contact All questions and inquiries regarding this RFP should be directed to: Lisa McCray Virtual Learning & Instructional Technology Initiatives Department Phone: Fax: Queries must be received by Wednesday, April 27, Submission Deadline Proposals will be received by the Education Service Center Region 12, Financial Services Department, 2101 West Loop 340, Waco, Texas until the date and time specified below and then publicly opened and read. Due: 11:00 A.M., Monday, May 2, Submission Details All Proposals must adhere to the following details a) Proposal Contents: Responses should be limited to addressing requested information and questions identified in Sections 2.0 and 3.0 of this RFP. A signed copy of Appendices 1 and 2 should also be included with the response. Providing additional marketing materials and other 10

11 company information beyond the scope of what is request is neither necessary or desired. b) Labeling of Proposals: The envelope containing the proposals must be addressed as follows: Terry M. Marak, CFO Financial Services Department Education Service Center Region West Loop 340 Waco, Texas Proposal No ONLINE COURSES c) The Financial Services Department may open unlabeled submittals to properly identify them. Proposers are therefore advised to correctly label their submittals in order to protect the integrity of their proposals and to fully avail themselves of the proposal process. d) Proposer accepts all responsibility for forwarding the proposal to the address above within the specified time or it will be returned unopened. If the envelope does not reflect a return address, it will be opened for the sole purpose of obtaining the return address. e) Proposals will be opened and read in the Financial Services Department Conference Room at the Education Service Center Region 12, at 2:00 pm on Monday, May 2, However, proposers are cautioned that proposals must be received in the Financial Services Department, in accordance with item a) above, prior to this time. It is the sole responsibility of the proposer to ensure his proposal is received in the Financial Services Department. No excuses are acceptable, and the determination of the Chief Financial Officer is final. f) All amendments shall be acknowledged; failure to do so may cause the proposals to be rejected. No verbal or informal amendment to this solicitation shall be binding on the Education Service Center Region 12. Any changes to the solicitation will be made by Amendment, delivered to all parties which the ESC 12 shows as having received a copy of the solicitation. No change to the solicitation will be made except by formal written amendment signed by the Chief Financial Officer or his designated representative. g) The ESC 12 reserves the right to accept or reject any or all proposals, to waive all technicalities, and to accept the proposal or proposals that are determined to be the most favorable to the ESC 12. h) For proposal purposes, prices must exclude all Federal, State, and City taxes. i) This solicitation does not commit the Education Service Center Region 12 to pay any costs incurred in preparing and submitting the proposal or to contract for the service specified. j) Ongoing documentation regarding a company s past performance may be used in determining the proposer s responsibility for award purposes of this and future awards. k) Any questions concerning proposals results should be directed to Terry Marak in the ESC 12 Financial Services Department. 11

12 SECTION 6.0 EVALUATION PROCESS The following provides an overview of the evaluation process that will be used when reviewing Provider responses. 1. All offers are subject to the terms of this solicitation. 2. Offers will be evaluated based on the following criteria and relative weights: Evaluative Criteria and Relative Weights a) Price (15%); b) Reputation of the vendor and of the vendor s goods or services (20%); c) Quality of the vendor s goods or services (10%); d) Extent to which the goods or services meet the ESC 12 s needs (20%); e) The vendor s past relationship with the ESC 12 (20%); f) The impact on the ability of the ESC 12 to comply with laws and rules relating to historically underutilized businesses (5%); g) The total long-term cost to ESC 12 to acquire the vendor s goods or services (5%); and h) Other relevant factors specifically listed in the request for proposals (5%). 3. Prompt payment discounts will be considered when determining the lowest offer, providing the ESC 12 is allowed at least ten (10) days in which to take advantage of the discounts. SECTION 7.0 REPRESENTATIONS AND CERTIFICATIONS Proposals shall be signed by a responsible officer of the company. Failure to complete the following required documents may be basis for rejecting the proposal: Attachment 1 Attachment 2 Proposal Form Felony Conviction Notification Form 12

13 Attachment 1 RFP NO.: 2016-ONLINE COURSES PROPOSAL FORM: RFP FOR ONLINE COURSES 1. Please check the following blanks which apply to your company: Ownership of firm (51% or more) Black Female Non-minority Other minority (specify) Handicapped owned Small Business (Less than $1,000,000 annual receipts or 100 employees.) Certified by the State of Texas as a Historically Underutilized Business (HUB). The Education Service Center Region 12 does not currently maintain set-asides or give preference to HUB proposals. The above information is solicited for the purpose of statistical tracking only. 2. The proposer, by checking the applicable box, represents that: It operates as ( ) a corporation incorporated under the laws of the State of, ( ) an individual, ( ) a partnership, ( ) a non-profit organization, or ( ) a joint venture; or If the proposer is a foreign entity, it operates as ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a joint venture, or ( ) a corporation, registered for business in (Country). The State of Texas does not employ a resident preference; however, it does employ a reciprocity rule. Proposers whose principal place of business is located in a state which gives preference to resident proposers are subject to the same restrictions when submitting a proposal with an entity of the State of Texas. 3. By submitting this proposal, the proposer: a) certifies the accuracy of the information provided in numbers 1 and 2 of this form; b) represents that to the best of its knowledge the proposer is not indebted to the Education Service Center Region 12. Indebtedness to the ESC 12 shall be basis for nonaward and/or cancellation of any award; c) certifies that it does not and will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, political belief or affiliation, and that it 13

14 will abide by the Equal Employment Opportunity requirements of the State of Texas and the Education Service Center Region 12; d) acknowledges that it has read, understands, and agrees to the requirements of the specifications and all other provisions of this solicitation; e) certifies that it has not colluded or attempted to collude with other vendors or merchants in the trade to fix or hold prices above the level attained through a free and competitive market; and f) certifies that the owner operator has not been convicted of a felony, except as indicated on a separate attachment to this proposal, in accordance with Sec , Texas Education Code. Vendor s Name: Authorized Company Official s Name: Authorized Company Official s Title: Date Signature 14

15 Attachment 2 Felony Conviction Notification Form The Texas Education Code, Section (a) states that a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of the felony. Furthermore, Section (b) states that a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. Lastly, Section (c) states that this section does not apply to a publicly held corporation. ( ) My firm is a publicly held corporation therefore, this requirement is not applicable. ( ) My firm is not owned nor operated by anyone who has been convicted of a felony. ( ) My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. Name: Description of conduct resulting in a felony: Name: Description of conduct resulting in a felony: I, the undersigned agent for the firm named below, certify that the information concerning notification of felony conviction has been received by me and that the information furnished above is true to the best of my knowledge. Vendor s Name: Authorized Company Official s Name: Authorized Company Official s Title: Date Signature 15