INVITATION TO BID UPSHUR COUNTY SCHOOLS is requesting bids for the following: Kindergarten – 8th Grade Academic Diagnostics for Reading and Math with Professional Development and Teacher Resource Support The bid shall be enclosed in a sealed opaque envelope addressed to Upshur County Schools Purchasing Department at 102 Smithfield Street, Buckhannon, WV 26201. Envelope shall be marked as follows: "Bid 008 – Kindergarten – 8th Grade Academic Diagnostics for Reading and Math with Professional Development and Teacher Resource Support" After the bid opening, the bids will be compared as to quality, thoroughness, and cost by a representative of Upshur County Schools (hereinafter referred to as the "Owner"). The Owner or any of its employees will not be responsible for any unmarked bids opened prior to the above date. There is no pre-bid meeting. Questions shall be submitted in writing to Tristen Gray, Director, at [email protected] Questions shall be received by 10:00 a.m. on June 1, 2026, to receive an answer. No bidder may withdraw their bid within thirty (30) days after bid opening. The Owner reserves the right to conduct such investigation as necessary to determine the responsibility of a bidder, to waive all informalities in the bidding process to the extent permitted by law, to reject any or all bids, and to make selections from the bids that are solely in the best interest of the Owner. INSTRUCTIONS TO BIDDERS RECEIPT AND FORM OF BIDS A. The Owner invites bids for : Kindergarten – 8th Grade Academic Diagnostics for Reading and Math with Professional Development and Teacher Resource Support as described in this document's specifications. Bids shall be received at the time and place set forth in Invitation to Bid. B. Bids shall be sealed in an opaque envelope and clearly labeled as noted in the Invitation to Bid. C. All erasures, interpolations and other physical changes in the bid form shall be signed or initialed by bidder. Bids containing any conditions, omissions, erasures, alterations, or items not called for in the proposal, or irregularities of any kind, may be rejected by Owner as being incomplete or irregular. D. Bids shall give full business address of bidder and shall be signed by the bidder. Bids by partnerships shall be signed with partnership name by one of the partnership members or authorized representatives, followed by signature and designation of signer. Bids by corporations shall be signed with name of the corporation, followed by signature and designation of president, secretary or other person authorized to act in the matter. The names of all persons signing shall also be typed or printed below the signature. E. A Form W-9 and WV-96 are required to be submit to the Owner by the winning bidder before a Purchase Order will be executed. PRE-BID CONFERENCE A. There is no pre-bid conference. EXAMINATION OF FACILITIES AND EQUIPMENT A. Bidders shall thoroughly examine the specifications and instructions presented in this bid document. B. The failure of any bidder to receive or examine any form, instrument, addendum, or other document or to visit the site and acquaint himself with conditions there existing, shall in no way relieve him from any obligation with respect to his bid or to the contract. The submission of any bid shall be taken as prima facie evidence of compliance with this section. "OR EQUAL" SUBSTITUTIONS A. If the bidder bids an "or equal" brand product, then the bidder shall provide documentation that the substitute product equals or exceeds the specific product. B. The bidder shall provide a narrative detailing how the substitute product equals or exceeds the specific product. INTERPRETATIONS A. If any person contemplating submitting a bid for the proposed project is in doubt as to the true meaning of any part of these contract documents, he/she shall submit a request for clarification to the Director. The person submitting a request shall be responsible for its prompt and actual delivery. All questions and inquiries should be submitted in writing via email to Tristen Gray, Director, at [email protected] Please be advised all questions must be received prior to 10:00 a.m. on June 1, 2026. No answers to inquiries will be addressed after the deadline. (Note: Written requirements in the Bid or its Amendments are binding, but any oral communications between the Owner's designee and bidder are not.) If it becomes evident that this Bid must be amended, a formal written amendment will be emailed to all known prospective bidders. If necessary, a new due date will be established.) B. The clarification will be made only by addenda duly issued by the Owner or Designee, and a copy of such addenda will be emailed to each party known to have received a set of the bid documents. REJECTION OF BIDS A. The Owner shall have the right to reject any or all bids and to reject a bid not accompanied by the required bid security or by other data required by the bidding documents or to reject a bid which is in any way incomplete or irregular. B. The Owner shall have the right to reject a bid based on a bidder's past work practices (with the Owner and/or other firm/government agency). In addition, any judgments or complaints against a bidder shall be cause to reject a bid. C. The Owner shall be the sole determiner as to bid acceptance or rejection. AWARD OF CONTRACT A. It is the intent of the Owner to award a contract to the lowest responsible bidder to include timeline completion and Specifications/Mandatory Requirements provided the bid has been submitted in accordance with the requirements of the bidding documents, does not exceed the funds available, and there have been no findings of irregular or unsatisfactory work practices performed by the contractor on a past job(s). The Owner shall have the right to waive any informality or irregularity in any bid or bids received and have the right to accept the bid in whole or in part which, in his/her judgment, is in the school system's best interest with the option to renew this contract for 2 additional years after July 2026. B. The contract shall be deemed as having been awarded when formal notice of award has been duly served upon the intended awardee (i.e., the bidder) and/or issuance of the Owner's purchase order for said contract work. AWARD PROTEST A. Bidders may appeal the award decision by submitting a written protest to the Purchasing Director within five (5) business days of the date of the award notice and meet all requirements for protest in West Virginia Department of Education Policy 8200, 23.1-23.2.2. BID WITHDRAWAL A. Bids may not be withdrawn for a period of thirty (30) days following the date for receipt of bids without forfeiture of bid security as liquidated damages, not as a penalty. TIME SCHEDULE and LIQUIDATED DAMAGES A. The purchase shall be considered initiated at the issuance of a Purchase Order. B. The date of completion shall be fixed by the date upon which the Owner finally inspects and accepts the completed project work. TERMINATION OF CONTRACT A. The Owner reserves the right, by written notice to the successful contractor, to terminate the contract if the contractor to deliver the product as specified. The date of termination shall be stated in the notice. The Owner shall be the sole judge of non-performance. Cancellation by the Owner shall result in no payment to the vendor. PAYMENT A. The contractor may submit his/her invoice after all work/services covered in this bid document is successfully completed. Payment will be recommended to the Owner's accounts payable department when the job is accepted as being satisfactorily completed by the Owner's representative. B. Payments to contractor will be remitted after proper receipt of an itemized invoice and report, Board authorization for payment, and appropriate tax releases as necessary. GENERAL DESCRIPTION BIDDER EXPERIENCE & QUALIFICATIONS ____1 Provide a completed – Proposal Submission form. ____2 Provide a completed – Certification of Bidder form. ___3 Provide a completed – Affidavit of Non-collusion. ___4 Provide a completed – No Debt Affidavit. ___5 Provide a completed – Agreement Addendum WV-96 ___6 Provide a completed – W9 EVALUATION CRITERIA A. Proposals will be evaluated based upon cost to the Owner, the bidder's ability to meet the timeline and the bidder's ability to meet the specifications and mandatory requirements. STANDARD TERMS AND CONDITIONS WVDE POLICY 8200 A. Section 19.3.1 According to West Virginia Code 5A-3-10a, No contract or renewal of any contract may be awarded by the state or any political subdivision to any vendor when the vendor or a related party to the vendor is a debtor and the debt owed is an amount greater than $1,000, as defined in the following paragraphs. B. Section 19.3.2. Debt is defined in the statute as any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any of its political subdivisions because of a judgment, fine, permit violation, license assessment, and workers' compensation premiums, penalty, or other assessment or surcharge presently delinquent or due and required to be paid to the state or any of its political subdivision, including any interest or additional penalties accrued thereon. C. Section 19.3.3. The prohibition does not apply where a vendor has contested any tax, workers' compensation premium amount, permit fee, or environmental fee or assessment and the matter has not become final, or the vendor has entered into a payment plan and the vendor is not in default of any provisions of the payment plan. D. Section 19.3.4. Any bids, contract proposals or contracts with the state or any of its political subdivisions must include an affidavit that the vendor or related party to the vendor does not owe any debt in an amount in excess of $1,000. OTHER TERMS AND CONDITIONS A. Responses shall include all charges for packing, delivery, installation, etc., (unless otherwise specified) to Upshur County Schools identified in the Request for Bid and/or Proposal. B. No rights shall accrue to any person submitting a Bid or Proposal until such bid has been accepted and purchase order has been awarded. C. The successful bidder shall not assign the performance of the contract nor any portion thereof, to others without the express consent, in writing, from the Owner. D. Upshur County Schools is "tax exempt" under West Virginia state law. E. The delivery date of material shall be stated in definite terms; on time delivery of material will be taken into consideration in awarding the bid. F. Upshur County Schools reserves the right to cancel all or any part of orders if delivery is not made or work is not started as guaranteed. In case of delay, the seller must notify the Director. G. Prices must be as stated in units of quantity specified and must be firm. Bids qualified by escalator clauses may not be considered unless specified in the bid specifications. H. No Bid transmitted by FAX or Email shall be accepted unless prior approval is given by the Owner. (The Owner assumes no liability for the security of the Bid information transmitted by FAX or Email.) I. Upshur County Schools expressly denies responsibility for, or ownership of, any item purchased. J. Submission of a proposal in response to this solicitation is certification that your firm is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission is also agreement that the Board will be notified of any change in status. SPECIFICATIONS 1. PURPOSE AND SCOPE: Upshur County Schools is soliciting bids for Kindergarten – 8th Grade Academic Diagnostic for Reading and Math with Professional Development and Teacher Resource Supports meeting or exceeding the characteristics below. 2. Designed to Meet the following specifications: 2.1 In-person and online Professional Development for analyzing results and planning instruction as based on reading and math diagnostic results with kindergarten – 8th Grade teachers and principals. 2.2 Math Assessment per student for kindergarten – 3rd Grade 2.3 Reading Assessment per Student for Kindergarten – 3rd Grade 2.4 Math Assessment per student for 4th – 8th Grade 2.5 Reading Assessment per student for 4th – 8th Grade 2.6 Program generated Personalized Instruction based on student diagnostic results for reading and math in grades K -8th. 2.7 A digital collection of instructional materials, designed to support teachers in delivering research-based instruction, remediation, and enrichment to students in Grades K – 8. 3. MANDATORY REQUIREMENTS: Vendor shall provide County with the Contract Items listed below. Contract Items must meet or exceed the mandatory requirements as shown below: 3.1 Student access to digital benchmark assessment for reading and math in grades K – 8 3.2 Digital instructional resources for teachers in grades K – 8 3.3 In-person and online Professional Development for teachers and principals during 3 checkpoints focusing on analysis of diagnostic results and planning instruction as based on diagnostic results 3.4 Student personalized instructional paths as based on diagnostic results and student skill needs in reading and math. – PROPOSAL SUBMISSION FORM Proposal Name: Kindergarten – 8th Grade Academic Diagnostics for Reading and Math with Professional Development and Teacher Resource Support Proposal Due Date: June 11, 2024, at 10:00 a.m. (Bid Opening at the same date and time.) Addressed To: Tristen Gray, Director Upshur County Schools 102 Smithfield Street Buckhannon, WV 26201 ( ) aka, Owner's Representative I, or we, the undersigned, hereby make this proposal to furnish Upshur County Schools with the contracted materials and /or services to perform this project. COMPANY NAME ADDRESS TELEPHONE (Include Area Code) FAX (Include Area Code) EMAIL AUTHORIZED SIGNATURE (PRINT NAME OF SIGNATURE) TITLE DATE 1. Cost of Kindergarten – 8th Grade Academic Diagnostics for Reading and Math with Professional Development and Teacher Resource Support with Specs Product Specifications Price of Product Charged to Owner: (Please use additional space below or add spec sheet to bid package if desired.) $ Delivery Charges: $ Total Price (Product and Delivery): $ Additional Specifications: 3. Required Bid Information Bidders shall provide all information requested in this Bid document, including the following: following: ____1 Provide a completed – Proposal Submission form and Cost (Page 6). ____2 Provide a completed – Certification of Bidder form (Page 8). ____3 Provide a completed – Affidavit of Non-collusion (Page 9). ____4 Provide a completed – No Debt Affidavit (Page 10). ____5 Provide a completed – Agreement Addendum WV-96(page 11) ____6 Provide a completed – W9 CERTIFICATION OF BIDDER (To be returned with Bid Form) Bid Name: Kindergarten – 8th Grade Academic Diagnostics for Reading and Math with Professional Development and Teacher Resource Support If Bidder is a Corporation: (Please type or print legal corporate name.) By: (Officer) If Bidder is a Partnership – Please Indicate all Partners in the Business. Type or Print Legal Name of Partnership. By: (Signature of Partner) If Bidder is an Individual: (Please type or print legal name) By: (Signature of Individual) Address of Bidder: Phone Number w/Area Code: Email: Date of Bid: Affidavit of Non-Collusion I, the undersigned, am the person responsible for the preparation of and cost contained in this response submitted to the Board of Education, County of Upshur: Cost data has been arrived at independently and without consultation with other parties. No information regarding this response content has been disclosed to any other party that may be or may potentially be responding to the following Request for Proposal with a response. No attempt has been made to induce or to discourage any other party in responding to this Request for Proposal or to influence the content of their response. This response and subsequent proposals submitted by my firm is made in good faith and not pursuant to any discussions/agreement with any other party. My firm and its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation or been convicted for any act prohibited by federal law involving conspiracy or collusion with respect to bidding on government/public Requests for Proposals, except as follows: I understand that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Board of the true facts relating to the response submission for this Request for Proposal. Signature: Name: Representing: Position: Date: NO DEBT AFFIDAVIT West Virginia Code 5A-3-10a states: No contract or renewal of any contract may be awarded under this article to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor as defined in this section and the debt owed is an amount greater than five thousand dollars in the aggregate. Definitions: "Debt" means any assessment, penalty, fine, tax or other amount of money owed to the state because of a judgment, fine, permit violation, license assessment, penalty or other assessment presently due and required to be paid to the state or any of its political subdivisions, including any interest or additional penalties accrued thereon; "Debtor" means any individual, corporation, partnership, association, Limited Liability Company or any other form or business association owing a debt to the state or any of its political subdivisions; "Related party" means a party, whether an individual, corporation, partnership, association, limited liability company or any other form or business association or other entity whatsoever related to any vendor by blood, marriage, ownership or contract through which the party has a relationship of ownership or other interest with the vendor, so that the party will actually or by effect receive or control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceeds five percent of the total contract amount. Exception: The prohibition does not apply where a vendor has contested any tax administered pursuant to chapter eleven of the West Virginia Code, worker's compensation premium, permit fee or environmental fee or assessment, and the matter has not become final, or where the vendor has entered into a payment plan or agreement and the vendor is not in default of any of the provisions of such plan or agreement. Under penalty of law for false swearing (West Virginia Code 61-5-3), it is hereby certified that the bidder and all related parties do not owe any debts or, if a debt is owed, that the provisions of the exception clause (above) apply. Vendor's Name: Authorized Signature: Date: Agreement Addendum In the event of conflict between this addendum and the agreement, this addendum shall control: 1. DISPUTES – Any references in the agreement to arbitration or to jurisdiction of any court other than the Circuit Court of the county in which the Agency is located are hereby deleted. The parties may agree to nonbinding mediation prior to litigation. 2. HOLD HARMLESS – Any clause requiring the Agency to indemnify or hold harmless any party is hereby deleted in its entirety. 3. GOVERNING LAW -The agreement shall be governed by the laws of the State of West Virginia. This provision replaces any references to any other State's governing law. 4. TAXES. – Provisions in the agreement requiring the Agency to pay taxes are deleted. As a political subdivision of the State of West Virginia, the Agency is generally exempt from Federal, State, and local taxes and will not pay taxes for any Vendor including individuals, nor will the Agency file any tax returns or reports on behalf of Vendor or any other party. 5. PAYMENT – Any references to prepayment are deleted. Fees for software licenses, subscriptions, or maintenance are payable annually in advance. Payment for services will be in arrears. 6. INTEREST – Any provision for interest or charges on late payments is deleted. The Agency has no statutory authority to pay interest or late fees. 7. NO WAIVER – Any language in the agreement requiring the Agency to waive any rights, claims or defenses is hereby deleted. 8. FISCAL YEAR FUNDING – Service performed under the agreement may be continued in succeeding fiscal years for the term of the agreement, contingent upon funds being appropriated by the Legislature or otherwise being available for this service. In the event funds are not appropriated or otherwise available for this service, the agreement shall terminate without penalty on June 30. After that date, the agreement becomes of no effect and is null and void. However, the Agency agrees to use its best efforts to have the amounts contemplated under the agreement included in its budget. Non-appropriation or non-funding shall not be considered an event of default. 9. STATUTE OF LIMITATION – Any clauses limiting the time in which the Agency may bring suit against the Vendor, lessor, individual, or any other party are deleted. 10. SIMILAR SERVICES – Any provisions limiting the Agency's right to obtain similar services or equipment in the event of default or non-funding during the term of the agreement are hereby deleted. 11. ATTORNEY FEES – The Agency recognizes an obligation to pay attorney's fees or costs only when assessed by a court of competent jurisdiction. Any other provision is invalid and considered null and void. 12. ASSIGNMENT – Notwithstanding any clause to the contrary, the Agency reserves the right to assign the agreement to a State agency or another local governmental agency, board, or commission of the State of West Virginia upon thirty (30) days written notice to the Vendor and Vendor shall obtain the written consent of Agency prior to assigning the agreement. 13. LIMITATION OF LIABILITY – The Agency, as a political subdivision of the State, cannot agree to assume the potential liability of a Vendor. Accordingly, any provision limiting the Vendor's liability for direct damages to a certain dollar amount or to the amount of the agreement is hereby deleted. Limitations on special, incidental, or consequential damages are acceptable. In addition, any limitation is null and void to the extent that it precludes any action for injury to persons or for damages to personal property. 14. RIGHT TO TERMINATE – Agency shall have the right to terminate the agreement upon thirty (30) days written notice to Vendor. Agency agrees to pay Vendor for services rendered or goods received prior to the effective date of termination. In such event, the Agency will not be entitled to a refund of any software license, subscription or maintenance fees paid. 15. TERMINATION CHARGES – Any provision requiring the Agency to pay a fixed amount or liquidated damages upon termination of the agreement is hereby deleted. The Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the Agency prior to the end of any current agreement term. 16. RENEWAL – Any reference to automatic renewal is hereby deleted. The agreement may be renewed only upon mutual written agreement of the parties. 17. INSURANCE – Any provision requiring the Agency to purchase insurance for Vendor's property is deleted. The Agency is insured through the Board of Risk and Insurance Management and will provide a certificate of property insurance upon request. 18. RIGHT TO NOTICE – Any provision for repossession of equipment without notice is hereby deleted. However, the Agency does recognize a right of repossession with notice. 19. ACCELERATION – Any reference to acceleration of payments in the event of default or non-funding is hereby deleted. 20. CONFIDENTIALITY – Any provision regarding confidentiality of the terms and conditions of the agreement is hereby deleted. Governmental contracts are public records under the West Virginia Freedom of Information Act. 21. AMENDMENTS – All amendments, modifications, alterations, or changes to the agreement shall be in writing and signed by both parties. No amendment, modification, alteration, or change may be made to this addendum without the express written approval of the Agency. ACCEPTED BY: Local Education Agency: Signed: Title: Date: VENDOR: Company Name: Signed: Title: Date: LC-460171 5-22;2026