2024.08.27 Intent to Sole Source Whole Systems.docx

DATE August 27, 2024 To All Interested Vendors:

The Department of Administration, State Procurement Bureau, is considering a request from the Office of Public Instruction, to award a Sole Source contract to Whole Systems for Negotiated Rulemaking Facilitation The determination of this Sole Source purchase is based on the following requirements:

Whole System Performance offers a unique skill set for negotiated rulemaking. Negotiated rulemaking for standards of accreditation (including content standards) is mandated by §20-7-101, Montana Code Annotated (MCA). Due to the uniqueness of the negotiated rulemaking process and accreditation standards, a facilitator needs to understand and have experience with this process to ensure the legislative expectations are being met. Diane Groves, with Whole System Performance, has successfully worked with various organizations, boards, businesses, and communities, helping them navigate conflicts, develop effective decision-making processes, and improve overall group and leadership performance, including negotiated rulemaking. Specifically and uniquely, Whole System Performance has already proven it can facilitate, manage, and provide the necessary facilitation structure for negotiated rulemaking for accreditation standards by successfully facilitating the English Language Proficiency Standards Negotiated Rulemaking Committee in August through October, 2023, the World Languages Negotiated Rulemaking Committee in October through November 2023, the Math Negotiated Rulemaking Committee in November 2023 through January 2024, and Assessment in February of 2024. Whole System Performance is committed to providing facilitation, consensus building, and knowledge of negotiated rulemaking processes.

The OPI staff have been unable to find facilitators who have this experience that also have time availability. In addition, the OPI has been unable to find other facilitators geographically close to Montana with specific experience in negotiated rulemaking. Whole System Performance is the nearest available provider with this unique skill set and availability through March of 2025.

1. OPI staff conducted a search of facilitators with negotiated rulemaking experience in proximity to Helena, MT in order to be most efficient in facilitating the in-person aspects of negotiated rulemaking committees, and found the closest person with specific experience in negotiated rulemaking, and availability for the duration of this project. Upon research by OPI staff, Diane Groves, with Whole System Performance, 778 Slate Creek Road, White Bird ID 83554, had experience with similar facilitation and negotiation activities. Diane also facilitated the last four sets of Negotiated Rulemaking for the agency successfully. Her experience makes the onboarding of the facilitator’s work a critical component in the evaluation of potential facilitators.

The State Procurement Bureau will accept written comments from potential vendors who believe they have the ability to provide an equivalent product and services, meeting all of the requirements listed above. This is not a request for competitive proposals. Vendors interested in providing this product to the State of Montana are invited to provide a detailed description of their product. Written comments must be received by 2:00 p.m. local time, September 9th, 2024. Responses to this notice must be submitted within the eMACS procurement system. Questions can be submitted on the Q&A board in eMACS or directed to:

Heather Davidson

406-590-8086 A determination by the State not to compete this proposed purchase based upon responses to this notice is solely within the discretion of the State. If evidence presented reveals that more than one source is available to provide the product/services, the State may issue a competitive solicitation. If no evidence is presented in the timeframe specified, the State may proceed to award a contract to Whole Systems Performance.

Thank you for your interest.

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