ASD K-5 Social Studies RFP Fall 2023-24

● Promoting cultural responsiveness ● Building trust and mutual respect 3. Allentown School District Board Policies 108 and 109 Proposals must comply with the following selection requirements as written in ASD Board Policy 108, Adoption of Instructional Materials and ASD Board Policy 109, Adoption of Resource Materials: Policy 108: The Board shall, by an affirmative vote of a majority of the full Board, adopt all textbooks used for instruction in the district’s educational program. The Board shall establish a planned cycle of textbook review and replacement. Definition Textbooks shall be defined as the books used as the basic source of information in the planned instruction. Delegation of Responsibility The Superintendent shall be responsible for the selection and recommendation of textbooks for Board consideration. No adoption or change of textbooks shall be made without the Superintendent's recommendation, except by a two-thirds vote of the Board. Policy 109: The Board shall, by an

affirmative vote of a majority of the full Board, provide resource materials that implement, support and enrich the educational program of district schools. Definition Resource materials shall include nonfiction and fiction books, magazines, reference books, supplementary titles, multimedia and digital materials, software and instructional material. Delegation of Responsibility The Superintendent or designee shall be responsible for the recommendation of all resource materials. No adoption or change of materials shall be made without the Superintendent's recommendation, except by a two-thirds vote of the Board. The Superintendent or designee shall establish administrative regulations for the selection of resource materials. A list of resource materials provided by the district shall be maintained by the Superintendent and shall be available to Board members, district staff, students, parents/guardians and community members. 4. Curriculum Requirements As requirements, the curricula and materials for K-5 Social Studies must: ● Be rooted in and responsive to the latest research in the teaching of Social Studies. ● Include evidenced-based and tiered interventions for students not meeting the learning standards or achieving below grade level, supplemental to the core curricula. Allentown School District Social Studies K-5 RFP 3 |Page ● Include resources that support the teaching and learning of students needing enrichment and acceleration. ● Integrate explicit instruction and resources to support the teaching and learning of English Language Learners. ● Include explicit instruction and resources that support the teaching and learning of students with exceptionalities and are adaptable to meet the needs of students who are blind or visually impaired, deaf or hard of hearing and students with significant cognitive disabilities. ● Allow for flexibility in meeting the needs of a wide range of students and include accommodations for special populations, including English Language Learners, students with exceptionalities, including students who are blind or visually impaired and/or deaf or hard of hearing, and students with significant cognitive disabilities, and students identified as gifted and talented. ● Include culturally relevant materials and culturally responsive teaching and instructional practices that are inclusive of a variety of cultures and ethnicities and are free from bias in the portrayal of ethnic groups, gender, age, cultures, religion, and people with exceptionalities. ● Include a suite of accessible formative and summative assessment materials, available digitally, aligned to the curriculum and intended to inform and improve instruction, not intended to replace other standards-based external assessments administered in PPS. ● Include tools, resources, and documents that provide parents/guardians and others with necessary resources to provide transparency into the curriculum and to provide support to academic progress at home or outside the school setting. ● Provide accessible digitally available student-facing, teacher-facing, and parent/guardian facing materials and resources in multiple languages. ● Include digital and print formats. ● Embed principles of Universal Design for Learning (UDL). ● Include materials for an extended school year of instruction or for academic summer program. 4.2 Text Complexity ● Be grounded in authentic and complex texts that are diverse in terms of perspective, topic, and time period. ● Clearly designed for building knowledge systematically and cumulatively. ● Emphasize writing instruction for the two types of writing: argument, informative/explanatory. ● Provide frequent opportunities for students to write in response to text. ● Support both process-writing and on-demand writing. ● Includes English Language Development components for different proficiency levels. ● Text Feature visually diverse characters; diverse ethnicities and nationalities. ● Texts feature students with exceptionalities and include references to different ethnic and cultural traditions, languages, religions, names, and clothing as well as diverse family structures (e.g., single parents, foster children, etc.) ● Texts feature accurate portrayals of society and connect learning to real life and allow students to respond to environmental, equity, and social and political concerns that affect students’ lives. ● Authors of texts reflect diverse identities. ● Texts Include diverse, global perspectives and experiences. ● Texts must take special care to address sensitive subjects with respect (free of negative misconceptions and stereotypes), including — where appropriate — carefully chosen images and videos to build background and context. Allentown School District Social Studies K-5 RFP 4 |Page 4.3 Quality Questioning ● Promotes rich and rigorous evidence-based discussions about common texts. ● Provides text-dependent and text-based questions displaying various depths of knowledge (DOK) ● Present a cohesive and coherent approach to developing and expanding concepts, content, thinking, and language through texts, tasks, and talk. ● Provides opportunities to demonstrate knowledge, exercise critical thinking, and engage in peer-to-peer focused dialogue that deepens awareness and understanding of different points of view. ● Promotes evidence-based dialogue related to the text. 4.4 Writing ● Provide frequent opportunities for students to write in response to text. ● Support both process-writing and on-demand writing. ● Includes English Language Development components for different proficiency levels. ● Include assessments, available digitally, that regularly and systematically offer assessment opportunities that are interactive and engaging and measure progress on writing skills. 4.5 Speaking and Listening ● Promotes a range of collaborative discussions. ● Supports opportunities for oral performance (debates, presentations, reader’s theater, impromptu, scripted/play based) ● Speaking and listening are integrated into lessons, questions, and tasks; they reflect the progression of increasingly sophisticated communication skills required for college and career readiness. ● Instructional materials provide abundant and varied opportunities for teachers to read rich and compelling texts aloud to students. These read-aloud materials expose students to rich language, new ideas, and content knowledge they may not be able to access through independent reading. ● Instructional materials provide opportunities for students to develop receptive listening skills, through note-taking and other active listening techniques, and support teachers in assessing comprehension of texts read aloud. ● Instructional materials offer progressively complex linguistic frames or models that: ○ support students in adapting language use according to task, purpose, audience, text type, and discipline-specific academic registers ○ facilitate academic conversations that encourage students to “go deeper” in their thinking, sharing, and expanding ideas and concepts with their peers (e.g., through description, clarification, elaboration, rationale, building consensus). 4.6 Culturally Relevant Materials ● Materials are culturally relevant and include culturally responsive teaching and instructional practices that are inclusive of a variety of cultures and ethnicities and are free from bias in the portrayal of ethnic groups, gender, age, cultures, religion, and people with disabilities ● The materials include multiple perspectives and provide exposure to the larger world. ● Authors of the texts represent diverse cultural backgrounds. ● The texts represent a variety of cultures congruent with district demographics and include topics that Allentown School District Social Studies K-5 RFP 5 |Page reflect a variety of student identities and experiences. ● The materials create a bridge between students’ home and school lives, while still meeting the expectations of the district and state curricular requirements. ● The materials utilize the backgrounds, knowledge, and experiences of the students to inform the teacher’s lessons and methodology. ● Students can see themselves in the texts through diverse character, cultural and historical representations that support equity and the joy of reading. 4.7 Curriculum Scope & Sequence Ability to adapt and or customize materials and resources to Allentown School District’s Social Studies Curriculum. ● Curriculum and instructional materials include high quality texts. ● Curriculum and instructional materials include at least 80 percent of tasks and questions that are text dependent which elicit sustained attention to the specifics of the text. ● Curriculum and instructional materials are designed for whole-group, small-group, and individual instruction that promotes student responsibility and independence. ● Curriculum and instructional materials consider the time, resources, and instructional scaffolding required for all students to meet grade-level standards (e.g., alternative teaching approaches, pacing, instructional delivery options, suggestions for addressing common student difficulties, remediation strategies). ● Curriculum materials regularly and systematically build in the time, resources, and suggestions required for adapting instruction to allow teachers to guide all students to meet grade-level standards (e.g., alternative teaching approaches, pacing, instructional delivery options, suggestions for addressing common student difficulties, remediation strategies). ● Curriculum materials provide clear, well-structured diagnostic assessment protocols and materials for all foundational skills to guide instruction and remediation. 4.8 Usability ● Provide an estimate of the hours of weekly planning time required to implement quality instruction. ● Curriculum and instructional materials are organized in a systematic way that is comprehensive and clear. ● Curriculum and instructional materials include materials that teachers may edit, adapt, or enrich accordingly. ● Curriculum and instructional materials are adaptable for students with exceptionalities, including but not limited to blind and visually impaired students, deaf and hard of hearing students, and students with significant cognitive disabilities. ● The visual design (whether in print or digital) supports students in engaging thoughtfully with the subject and is neither distracting nor chaotic. ● The program includes opportunities for teachers to effectively plan and utilize materials with integrity and to further develop their own understanding of the content. ●Materials provide strategies for informing all stakeholders, including students, parents, or caregivers about the program and suggestions for how they can help support student progress and achievement. ●Materials provide a comprehensive list of supplies needed to support instructional activities. ● The program includes a system of assessments identifying how materials provide tools, guidance, and Allentown School District Social Studies K-5 RFP 6 |Page support for teachers to collect, interpret, and act on data about student progress towards the standards. ● Specific guidelines for instruction so digital learning is not solely dependent on student independent work ● Class, school, and district customization tools to match lessons with scopes and sequences. ● Custom curriculum-resource/textbook alignment for a seamless fit into district curriculum in reading and other content areas. ● Home to school connection to engage families in literacy growth. ● Availability of materials and resources Translated in Spanish. Availability of multiple language resources. ● Teacher materials include a curriculum map and overview, containing: a.Explicit directions for how to implement structural components. b.Learning progression of instructional standards for previous, current, and future grade instruction. c. Clearly identified strategies, instructional materials, and differentiated resources that are specific to the teaching and learning of students with exceptionalities including students who are blind or visually impaired, deaf, or hard of hearing, and students with significant cognitive disabilities. d.Research based instructional strategies for a range of academically diverse learners explicitly identified and embedded into the core curriculum. e.Scope and sequences for instruction that explicitly outlines the various pathways available for academically diverse learners. f. Resources for scaffolding for English Language Learners and students with exceptionalities in daily lessons. Preference given to student learning materials that expect practice of language domains (reading, writing, speaking, and listening) daily. g.Embedding of principles of UDL that incorporate multiple means of representation (presentation of information/content, various formats for presenting content, i.e., video, audio, images, text, within a lesson), expression (student options for expression of what they know), and engagement (interesting and motivating ways for students to interact with the information/content). UDL identified in daily instructional teacher-facing materials, such as captioned videos, specialized formats of print materials and accessibility features with both hard copies and online. h.Grade level charts provide an at-a-glance view of when each standard is addressed. i. Anticipated misconceptions in learning in units of study. j. Tiered interventions, supplemental to the core curricula, provide increasing levels of targeted support and differentiated instruction for students not meeting the learning standards. Diagnostic assessments are included to determine intervention needs. k.Progress monitoring tools for the tiered interventions provided for teachers to collect ongoing student performance data. l. Professional learning resources and opportunities that help teachers both implement the program and deepen their content and pedagogical knowledge of content standards. ● By agreeing to deliver materials within this contract, and as per the Individuals with Disabilities Education Act (IDEA), the publisher shall prepare and submit, within 30 days of the contract start date, a National Instructional Materials Accessibility Standard (NIMAS) file set to the terms and procedures set forth by the National Instructional Materials Access Center (NIMAC). The files will be used for the production of specialized formats as permitted under the law for students with disabilities. The publisher also will submit to MCPS a Certification from NIMAC to demonstrate submission of the file. ● Curricular and Instructional Materials in digital or print formats including websites are required to meet current Section 508 compliance guidelines. 4.9 Training and Professional Development The proposal shall describe the initial training and professional development necessary to begin Allentown School District Social Studies K-5 RFP 7 |Page https://www.usability.gov/what-and-why/accessibility.html implementation of the proposed curriculum. The training plan should include mechanisms to train district teachers and central staff who, in turn, will train school staff and provide support districtwide, including availability of digital professional learning tools. The professional development plan should be designed to supplement, not supplant, the district’s existing approach to professional development that includes development of school and district expertise and capacity to deliver training districtwide; a focus on equity and cultural proficiency; school-based embedded support from school and district staff; and development of blended professional learning models that include both face to face and virtual learning. 5.0 Platform and Solutions ●MUST be compatible with CLEVER for both single sign on and rostering at NO additional charge. ● Is your online platform compatible with Sapphire K12 Student Information System? ● Does your program have a method of effective use within blended learning to promote independent work and teach direct instruction for large and small groups? ● Does your platform provide real-time data reporting in a dashboard with progress reports at the standard and skill level? ● Can your online program be customized to a variety of student proficiency levels? ● Is your online platform aligned to PA Core Standards and Eligible Content? ● Does your platform have the ability to create learning paths that specifically meet the needs of individual students? ● Is there integration with CHALK Curriculum Platform? ● Is there availability for customization to CHALK platform to curate resources? 5.1 Product Information ● Software product name ● Complete Product Description ● Current release version and length of this product has been on the market. If you are presenting multiple products to meet our business requirements, please specify for each product. ● Total customer sites that are currently using the current version of the product, particularly with a client of our size. Please indicate if any of them are in Pennsylvania. ● Product licensing structure 5.2 Technical Specifications ● Is this a web-based application or would the product need to be installed on premises? ●What browsers are compatible with this product? ● If locally hosted and installed on premises, what are the recommended/required hardware and operating system platforms for deployment? ● If locally hosted, what are the recommended/required Relational Database Management System for deployment? ● If locally hosted, do you recommend a dedicated server to support your application? ● How much bandwidth is required for connectivity? ● Is external access required? Allentown School District Social Studies K-5 RFP 8 |Page ●What ports does the application/website use? ●What are the URLs? ● Is the website HTTPS? ● How frequently are system back-ups created? ●What Operating System does the application use? ●What database does the application use? ● Do we need to purchase end user devices? ●What is the authentication method? ● How are logins managed? ●What, if any, 3rd party vendors or stakeholders are involved and what is the expiration? ● Are SSLs involved and what is the expiration? ● Do we need to be aware of any legal or regulatory constraints? ● Is there inherent risk, weakness, or data threats? ●What are the data protection protocols and policy for sharing on social media? ● Data privacy – what are the rules for personally identifiable information, protected health information, ● and other private data? ●What are the Encryption rules? ● Do you support Clever as a single sign-on using our Active Directory? ●What data is needed from other district systems? ●What data will be provided to other district systems? ● How often does data need to be exchanged? ● How are changes in the data handled, including students transferring schools, staffing changes, etc. ? ● How can we ensure the security of the data during exchange? ● Is there a mitigation process established? ● Is there any existing metadata, definition, or classifications of the data elements? ● Is there an existing data dictionary? ●What is the Right to Know procedure? ● Are student growth indicators adjustable? 5.3 Data Exchange ●What is the process for rostering & data import into your system (in order of preference)? Please provide the import specifications for review by the IT and Student Information System teams. ○ Do you support ed-fi integration (if yes what version & have you accomplished this with)? ○ Do you have IMS Global One Roster integration (1.1)? ○ Do you support Clever integration? ○ Provide import specifications for CSV/flat file. ○ Exporting data from your system? (Provide data export specifications and data dictionaries for review by IT team). ○ Ed-fi (with what version and what organization have you accomplished this?) ○ API (provide documentation to include what endpoints are included in the API) ○ FTP (provide export specifications) ● Do you support data set transfers on a regularly scheduled basis? ● Do you have file templates for data set transfers? ● Are there multiple templates for data set transfers? ● Data transfers are expected to provide information related to student usage and staff usage. Explain what elements address the following: ○ Fidelity of usage for students (e.g. daily time logged-in, daily time on task, lessons/segments Allentown School District Social Studies K-5 RFP 9 |Page completed, metrics providing insight into student growth) ○ Staff usage ○ Student and staff audit trails ● Do you support nightly automated loads to and from your system (we have high mobility and systems must reflect at least a day-behind state)? ○ If no, how do you reflect current student assignments and provide teachers/educators with appropriate access to student data? ● Describe your data access/permissions at a minimum address: a.How do you establish data access and permissions for teachers and school administrators? b.How do you establish permissions for district administrators? c. Provide your auditing capabilities (click paths, change log, etc.) 5.4 Data Security and Destruction ●What are your procedures to ensure that all student data is destroyed and eliminated from your system? ●What are your policies and processes for the use of individual student data for anything outside of the delivery of the service provided by your platform? ● Security, privacy, and other agreements must be in addendums to the contracts. The contract and agreement shall not reference agreements housed on websites or other changeable mediums– they may not be changed without approval and agreement from the school board. ● The application must include the following: ○ The frequency of data exchange must be nightly. ○ The data exchange must be automated. ● Does the program have data available to support fidelity of usage (minutes logged-in, time on task, lessons/segments completed and student growth)? ● Do you have established data sharing agreements? 6.0 Technology Cost ●What is the entire cost of implementation? You may attach a separate budget sheet if you prefer. ● Is there a one-time cost? ● Is there an ongoing yearly cost? ● Is there a customization rate? ● Is there a cost for the development of reports? ● Is there an additional cost for training? ● Is there an additional cost for support? ●What is the cost associated with integrating other third-party providers? ● If your solution is a cloud-based service, is there a service-level agreement and uptime guarantee? If not, do you provide any discount for the customers? ● Do you provide any contractual flexibility and price discount if either party decides to terminate? 6.1 Overall Program Cost ● Include overall costs for the entire program for 6 years, including but not limited to curriculum, instructional resources and materials (hard copy and digital), guides, interventions, assessments, professional development and related materials, program setup, delivery service. ● There are approximately 7650 students enrolled in 14, K-5 schools. ● There are approximately 450 teachers supporting students across grades K-5. Allentown School District Social Studies K-5 RFP 10 |Page 7.0 Proposal Submission and Deadline All proposals must be submitted electronically to RFP@allentownsd.org, with K-12 Science Curriculum as the subject line. Proposals, including any/all attachments and cover letters, should be submitted as a single PDF document. In addition, digital access to all program materials must be provided. Limited physical copy curriculum samples that can be mailed directly to: Beth Hildabrant, Director of Procurement, Allentown School District, 31 S. Penn St., Allentown, PA 18102. Limited physical copy means a single grade level sample per grade band submitted. Additional units may be requested after the initial proposal review. Proposals should be submitted in accordance with the proposal guidelines outlined in this RFP. Allentown School District reserves the right to reject any and all proposals, waive irregularities, and to select the proposal that is determined to be the most advantageous to the school district. Late proposals will not be accepted. Proposals submitted via hard copy or fax will not be accepted. 7.1 Timeline The Allentown School District is requesting proposals from experienced and qualified firms to provide the services described herein. Selection of the firm will be made based upon proposals submitted. There may also be presentations or interviews (conducted remotely). A timetable for the selection process is provided below: RFP Issued December 05, 2023 Proposals Due December 19, 2023 by 12:00 PM EST Presentations (If requested) January 4, 2024 (Remote) January 9, 2024 (In Person) Upon the release of this RFP and during the conclusion of the selection process, there shall be no communication between any prospective respondents, their lobbyist(s) or agent(s) and any employee of Allentown School District or its elected Board of Directors, except as provided for in the RFP. Any violation of this provision by any prospective firm and/or its agent shall be grounds for immediate disqualification. All proposal packages shall be submitted to ASD as follows: 7.2 Proposal Introduction ● Cover Letter: Provide the name, mailing address, e-mail address, and telephone number of the firm submitting the proposal. The cover letter must be signed by an authorized officer of the organization. ● Table of Contents: Clearly identify material contained in the proposal by section and page number. ● Introduction: Provide an overview of the company and its products as they relate to this RFP. Share relevant data based evidence of impact, outcomes from prior and current school districts with similar demographics. ● Program Overview: Provide an overview of the program and its core components. ● Independent External Evaluations: Provide access to findings from independent external evaluations, conducted by Allentown School District Social Studies K-5 RFP 11 |Page non-profit organizations (ex. EdReports), Evidence of ESSA, and US Department of Education’s Institute of Education Sciences (IES), the What Works Clearinghouse. 7.3 Evaluation Criteria and Selection Process ● ASD reserves the right to request a presentation from those companies determined to be in a competitive range and shall use the information derived from these interviews, if any, in its evaluation. ● The School District will evaluate all Proposals submitted in response to this RFP through a School District evaluation committee based on the Proposer’s ability to satisfy the requirements of this RFP in a cost-effective and efficient manner. This committee will consider each measure included in the Scope of Services and RFP Requirements. Components in Section 4 will be scored on a likert-scale of 0 to 6 (0- non-responsive; 1- not meeting expectation; 2- partially meets expectations; 3- moderately meets expectations; 4- meets expectations; 5- exceeds in some expectations; exceeds in all expectations. Components in Section 5 and 6 will be scored on a likert-scale of 0 to 3 (0- non-responsive; 1-partially meets expectations; 3- meets expectations). Section 7.2 will be scored on a likert-scale of 0 to 3 (0- non-responsive; 1-partially meets expectations; 3- meets expectations). ● The School District will select the Proposer for recommended award of a Contract for the work, based on the School District’s evaluation and discretion as to the best qualified Proposer whose Proposal best meet the needs of the School District as set forth in this RFP, and which constitute the best value to the School District, as determined in the School District’s sole discretion. ● The School District reserves the right to reject any and all Proposals. Allentown School District Social Studies K-5 RFP 12 |Page ALLENTOWN SCHOOL DISTRICT 31 SOUTH PENN STREET ALLENTOWN, PA 18102 ADDENDUM A TO REQUEST FOR PROPOSALS To: Prospective Proposers This Addendum A forms a part of the Contract Documents and modifies the original Request for Proposals due December 19, 2023, as noted below. Each prospective proposer shall acknowledge receipt of this Addendum A in the space provided. 1. The Contract Documents shall include the attached Appendix 1, as required by applicable Federal funding regulations. The successful proposer, by execution of this Addendum, acknowledges and accepts responsibility for compliance with the Federal contract provisions set forth in Appendix A. NOTE: ALL PROPOSERS MUST SUBMIT WITH THEIR RESPECTIVE PROPOSALS THIS CONFIRMATION OF RECEIPT OF THIS ADDENDUM A. PLEASE PRINT COMPANY NAME, SIGN AND DATE THIS PAGE. Receipt Acknowledged By: ___________________________________________ Print Name: ______________________________________________________ Company: ________________________________________________________ Date: ___________________________________________________________ Allentown School District Social Studies K-5 RFP 13 |Page Appendix 1 THIS APPENDIX 1 INCLUDES THE FOLLOWING DOCUMENTS: 1. Termination Clause. 2. Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. 3. Standard Federal Equal Employment Opportunity Clause. Allentown School District Social Studies K-5 RFP 14 |Page 1. TERMINATION CLAUSE Vendor Violation or Breach of Contract Terms In addition to other terms stated in the Contract, Vendor at no cost to the District shall promptly correct any errors, omissions or defects in any product, services, or other item Vendor is required to deliver. The District reserves the right to reject any item reasonably determined by the District as containing errors, omissions or defects or otherwise failing to conform to the Contract. If Vendor fails to make corrections within a reasonable time, in addition to any other remedies available at law or in equity, District may at its option: (1) Make corrections and offset the cost of correction against any balance remaining owed to Vendor, and Vendor shall reimburse the District for any cost in excess of the balance. (2) Terminate the Contract, in which case Vendor at no cost to District shall remove any tangible items provided to date. (3) Accept delivery not in accordance with the Contract, instead of requiring removal or correction, in which case the contract sum will be reduced as appropriate and equitable. Such adjustment shall be affected whether or not final payment has been made. Duties and obligations imposed by the Contract and the rights and remedies available thereunder shall be in addition to and not in limitation of duties, obligations, rights and remedies otherwise imposed or available by law or in equity. No action or failure to act by the District shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. This term shall apply without regard to the Contract amount. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor District Termination for Cause and for Convenience In addition to other terms stated in the Contract, District reserves the right by written notice to terminate the Contract effective on a future date specified in the notice, with or without cause. Cause means violation or breach of any Contract terms. If the Contract is terminated without cause, the District shall pay the Vendor for any product, services, or other item Vendor is required to deliver and which has been satisfactorily delivered prior to termination. If the District has paid the Vendor for goods or services not yet provided as of the date of termination, the Vendor shall immediately refund such payment(s). This term shall apply without regard to the Contract amount. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor Allentown School District Social Studies K-5 RFP 15 |Page 2. CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. A. Under 2 CFR Part 200, and specifically § 200.327 and Appendix II, contracts for more than the simplified acquisition threshold (currently set at $250,000), which is the inflation-adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council as authorized by 41 U.S.C. 1908, must address administrative, contractual, and legal remedies if contractors violate or breach contract terms, and must provide for appropriate sanctions and penalties. B. Under 2 CFR Part 200, specifically § 200.327 and Appendix II, all contracts in excess of $10,000 must address Termination for Cause or for Convenience by the District including the manner by which it will be affected and the basis for settlement. [SEE ABOVE #1 OF APPENDIX A] C. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 41 CFR Part 60-1.3, states that “federally assisted construction contract” means any agreement for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any federal program involving a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. The equal opportunity clause provided under 41 CFR 60- 1.4(b) is hereby incorporated by reference. The Vendor agrees that such provision applies to any District purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and the Vendor agrees that it shall comply with such provision. The District has determined that the Contract [is not] a federally assisted construction contract. D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less Allentown School District Social Studies K-5 RFP 16 |Page than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The District has determined that these requirements are not applicable to the Contract. E. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all construction contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. The District has determined that these requirements are not applicable to the Contract. F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. The District has determined that these requirements are applicable to the Contract. If the District has determined that these requirements are applicable, does the Vendor agree to the requirements? YES________ Initials of Authorized Representative of Vendor Allentown School District Social Studies K-5 RFP 17 |Page G. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The District has determined that these requirements are not applicable to the Contract. H. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that it is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the District during the term of the contract if the Vendor is later listed on the government wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Does Vendor agree? YES __________ Initials of Authorized Representative of Vendor I. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the certifications under 31 U.S.C. 1352 that the Contractor has not paid any person or organization for influencing or attempting to influence an officer or employee of any agency, a member, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award. The contractor must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. If applicable, Vendor certifies that it is in compliance with all provisions of the Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352. The District has determined that these requirements are applicable to the Contract. If the District has determined that these requirements are applicable, does the Vendor agree to the requirements? YES______ Initials of Authorized Representative of Vendor J. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms (2 C.F.R. 200.321)—Under 2 CFR Part 200, and specifically § 200.321, the District and Vendor are required to take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps include: Allentown School District Social Studies K-5 RFP 18 |Page