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Payee Name & ID: Educational Testing Service Contract #: 3317
Payee ID: 1210634479 PO #: FY20: 39363
Division/Organization Code: 212 RFP #: 701‐15‐002
Project Name: Student Assessment ‐ STAAR Project ID: Multiple – See PO
Legal/Funding Authority: 86th Legislature, H.B. 3
AMENDMENT #12 TO STANDARD CONTRACT #3317 BETWEEN THE
TEXAS EDUCATION AGENCY AND
Educational Testing Service
ARTICLE I. PURPOSE
This writing shall serve as amendment #12 (this “Amendment”) to Contract #3317 between the Texas
Education Agency (“TEA”) and Educational Testing Service (“Contractor”), dated August 26, 2015, and
amended on December 6, 2016, February 14, 2017, May 25, 2017, May 25, 2017, August 25, 2017,
December 8, 2017, December 8, 2017, January 3, 2018, October 5, 2018, August 31, 2019 and February
10, 2020 (as amended, the “Contract”).
ARTICLE II. CONTRACT CONTINGENCY
In accordance with Paragraph B of the Standard TEA Terms and Conditions, this Amendment, the Contract
and all renewals and/or extensions, if applicable, are contingent upon the availability of funds to TEA as
appropriated by the Texas State Legislature.
ARTICLE III. EFFECTIVE DATE
This Amendment shall be effective on the date of the final signature below.
ARTICLE IV. PURPOSE OF AMENDMENT
The purpose of this Amendment is to document changes to the Contract’s Statement of Work included in
Amendment 10 to the Contract caused by the force majeure event documented in that certain Notice of
Force Majeure, dated March 18, 2020 from TEA to Contractor (the “Force Majeure Changes”).
Attachment A to this Amendment replaces the budget currently included in the Contract. Attachment B
to this Amendment describes the additional services required by TEA following the Force Majeure
Changes.
ARTICLE V. PAYMENT UNDER CONTRACT
TEA shall pay Contractor in accordance with the attached Budget (Attachment A), upon Contractor’s
satisfactory performance of services. Payment will be made by State of Texas warrant(s) or direct deposit.
The potential total value of this Contract, incorporating all optional renewal terms is $451,784,583 (“Total
Estimated Contract Value”).
In summary, the change made to the Total Contract Value by this Amendment is:
Contract Amount: $471,710,458
Amendment Amount: $(19,892,975)
Total Estimated Contract Value: $451,817,483
ARTICLE VI. TERMS & CONDITIONS, ATTACHMENTS AND ANNEXES
Attachments appear behind this Amendment in this order:
Attachment A – Budget
Attachment B – Statement of Work Changes
DocuSign Envelope ID: 1F3C52B3-3099-4DB5-99B0-5DFF997F93B9
ARTICLE VII. ENTIRE CONTRACT
This Amendment together with the Contract, and any other documents included or cited within comprise
the entire agreement between the parties relating to the rights granted and the obligations assumed in
it. Except as set forth here, all other terms and conditions of the Contract remain the same and are
incorporated here as if specifically written. If there is a conflict or ambiguity between the terms of this
Amendment and the terms of the Contract, the terms of this Amendment shall prevail. Any oral
representations or modifications concerning this Amendment or the Contract shall be of no force or effect
unless contained in a subsequent amendment executed by both parties.
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DocuSign Envelope ID: 1F3C52B3-3099-4DB5-99B0-5DFF997F93B9
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DocuSign Envelope ID: 1F3C52B3-3099-4DB5-99B0-5DFF997F93B9
Attachment A
Budget
DocuSign Envelope ID: 1F3C52B3-3099-4DB5-99B0-5DFF997F93B9
Payment will be made monthly upon completion of designated tasks/activities outlined in this Task,
Activity, Deliverable and Budget Plan. Contractor must submit invoices electronically to
TEAAccountsPayable@tea.texas.gov and to Tyson Kane, at Tyson.Kane@tea.texas.gov. Contractor
must provide a detailed narrative report with each invoice. The report must describe the specific
work completed during the invoice period and cumulative completion status of all project tasks.
Invoices will be reviewed and approved based upon project progress, task/subtask completion, and
reasonable use of project funds; payment is based on performance of services being satisfactory to
TEA. The final invoice is due within forty‐five days of project completion. At a minimum, all invoices
must include:
Invoice date and invoice number;
Contractor name, payee ID number and mailing address;
Name and telephone number of the person designated to answer questions about the
invoice;
Purchase order and contract numbers; and
Project name and sufficient detail about services rendered including service period and
amount due.
Send invoices to:
Texas Education Agency
Attn: Accounting Department
1701 N. Congress Avenue
Austin, Texas 78701‐1494
Purchases of food are generally prohibited and must be preapproved by the TEA Project Manager.
Food purchases must be in accordance with Federal Regulations, Title 2, Subtitle A, Chapter II, Part
200, Subpart E, §200.432. Purchases must be necessary and reasonable for the successful
performance of the Contract. This applies to both federal and state funded contracts. Website to view
the regulations:
http://www.ecfr.gov/cgi‐bin/text‐
idx?SID=f61b41b94d57ed256eb46811a14d243d&mc=true&node=se2.1.200_1432&rgn=div8
Contractor will make a good faith effort to comply with the State of Texas Travel Guidelines. TEA may
at its discretion approve requests for reimbursement of travel which exceed the State of Texas Travel
Guidelines. Contractor shall maintain receipts in accordance with Item M of the Terms and
Conditions. The Comptroller’s website for travel rules and regulations – textravel:
https://fmx.cpa.state.tx.us/fmx/travel/textravel/index.php. Receipts must be made available for
programmatic or financial audit, by TEA and by others authorized by law or regulation to make such
an audit, for a period of not less than seven (7) years.
State travel expense reimbursement is not a per diem. Contractors must claim the actual expenses
incurred for meals and lodging not to exceed the maximum allowable rates. The maximum should not
be claimed unless the actual expenditures equal or exceed the maximum allowable rate. Effective
January 1, 2020, the mileage rate is 57.5¢.
DocuSign Envelope ID: 1F3C52B3-3099-4DB5-99B0-5DFF997F93B9
Attachment B
Statement of Work Changes
DocuSign Envelope ID: 1F3C52B3-3099-4DB5-99B0-5DFF997F93B9
Changes to Statement of Work
As a result of the COVID‐19 pandemic, the STAAR spring administration was cancelled. As of the force
majeure notice on March 18, 2020, the following tasks related to the cancelled STAAR administration
were stopped:
Pre‐Administration, Registration, Shipping
o Includes all prerequisite work required to meet deliverable requirements, system
upgrades and deployments, registration file layout completion, pick/pack, shipping and
Pre Admin OT testing.
Composition and Production of Test Books and Answer Documents
o Includes composition, merging of books for appropriate test titles, production and
printing of general paper forms, braille, paper with embedded supports, answer
documents and ancillaries.
Online Test Form Production
o Includes online construction and packaging, cross platform review, admin finalization,
and QCing (certifying) online packages.
Administration
o Includes staffing, training, and certification of new support center staff, online system
functional testing, online system performance testing, student online ticket and online
form readiness and all SOTP development, testing, and deployment, as well as answer
document scanning.
Scoring
o Includes bench mark sets and annotations, qualification sets, validity papers, atypical
sets for CR Scoring, and CR Scoring. Scoring tasks include OT activities intended to
simulate administration processes from pre to post production. Other scoring processes
included here are, answer key verification, accuracy verification, our previous year
administration data roll offs in order to prepare for new administrations moving
forward. Additionally, system releases to support all scoring applications are included.
o Range finding work was never started
Score Rater Training
o Includes the development of all scoring rater training materials.
STAAR Reporting
o Includes the reporting portals (students, teacher, analytical), Lexile and Quantile
licenses, and the Consolidated Accountability File. In addition, all administration based
reporting, including, SRCs, CSLs, Roster, and Data Files are encompassed in STAAR
Reporting
o Standard setting and test releases work was never started
Psychometric Services
o Includes conversion tables, item key check, post equating check, reporting activities,
field test analyses, and irregularity analyses
Outside of the STAAR cancellation, two other changes have been made:
TSDS Migration in Reporting has been stopped after 33% completion of tasks
Additional enhancements to the interim assessment program have been added:
o Student level report PDF bulk download: Add new functionality to ORS to allow users to
download student level reports in a bulk group PDF as opposed to individually
DocuSign Envelope ID: 1F3C52B3-3099-4DB5-99B0-5DFF997F93B9
o Student re‐attempt item level data: Add access to student level reports in ORS for all
additional attempts within an interim administration opportunity. Reports will contain
the same set of information as the current reports for primary attempts and will be
accessible through links located on the longitudinal page of students’ ORS records.
Reports for additional attempts will identify report as a re‐attempt.
o Item level response information in ORS: Provide view of student item level response
information for a group of students in ORS user interface (UI), with report CSV
download capability.
o Low, Medium, High Routing indicator: Add form routing information to the individual
student report in ORS.
o Rostering multi‐select grade level: Change existing reporting roster creation
functionality to allow for multi‐select of grade levels in dropdown menu when
searching students to include in a roster. Multi select option will effectively allow
districts to search for all students across grades 9‐12 for an EOC assessment, while still
allowing for search by individual grade level (9‐12) as currently available.
o Training videos: Create 1‐4 professional training videos geared toward district, campus,
or teacher level users of the Assessment Management System and ORS.