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Problem Resolution System Complaint Investigation and Determination Assistance Attachment A

Alternate ID #: 27SEPRLS3 COMMBUYS Bid #: BD-27-1026-DOE02-DOE01-133339

Background:

The Department of Elementary and Secondary Education (DESE) is seeking to engage a vendor (the Vendor) on an as-needed, on-demand basis to provide investigative support to the Problem Resolution System Office (PRS). The Vendor will supplement internal PRS staffing capacity by investigating state complaints received by PRS, from intake through resolution, on behalf of and under the oversight of DESE.

Scope of Service:

This scope of service is applicable for FY2027, and if renewed, scope will be repeated in FY2028.

Subject to DESE’s oversight, input, approval, and consistent with DESE’s quality standards, the Vendor will complete state complaint investigations and issue determinations on behalf of DESE that are accurate, fair and impartial, and in accordance with the applicable federal and state laws, regulations, and guidance.

The Vendor will be assigned complaint investigations at various stages for handling through to disposition. The Vendor will be charged with gathering and/or reviewing all relevant information to make an independent determination of whether the school district or school violated federal or state special education laws or regulations. The Vendor will draft written decisions that are clear, factually accurate, contain a correct analysis for each allegation, and order of corrective action(s), as necessary and appropriate. Each decision developed by the Vendor must comply with the applicable requirements, included but not limited to those referenced in 34 C.F.R. § 300.151-153. The Vendor will incorporate any feedback, edits, and/or input from DESE. Upon completion of the investigation and subject to DESE’s approval, the Vendor will issue the determination on behalf of PRS/DESE and/or provide a finalized determination to PRS/DESE for issuance.

Activities on assigned PRS complaints include, but are not limited to:

· Review submitted complaints to identify issues appropriate for investigation.

· Provide the complainant with the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint.

· Provide the school or District with the opportunity to respond to the complaint.

· Conduct investigatory and evidence gathering processes including preparing correspondence making a request for local report using PRS standard correspondence templates.

· Review complainant’s submission of any additional information.

· Review all relevant information and analyze evidence to evaluate district or school compliance with relevant laws and regulations.

· Prepare correspondence summarizing the evidence reviewed, findings of fact, conclusions, and reasons for the recommended decision. Letters will include findings of compliance or non-compliance and the factual basis for each using standard PRS correspondence templates. Letters will meet all applicable federal and state requirements.

· Communicate with the parties involved in the complaint as needed.

Additionally, the Vendor must:

· Ensure appropriate recordkeeping and confidentiality practices are followed, including retaining detailed case logs that describe the work performed.

· Adhere to and comply with the processes described in the PRS Special Education Procedures Guide and any other guidelines provided by PRS.

Budget:

All budget amounts are subject to appropriation. Total Budget not to exceed $250,000.00 for FY2027. If renewed, an additional $250,000.00 will be available for FY28.

Bidders must submit a detailed budget and accompanying budget narrative related to this BID. The budget must be all-inclusive and reflect all costs associated with providing the services requested, including, but not limited to, personnel, training, research, planning, consultation, travel, administrative expenses, and any other fees or costs necessary to perform the work.

Bidders must clearly describe the level of investigative support that can be provided for the proposed cost, including estimated capacity (e.g., number of complaints or hours of investigation support).

In addition, bidders must specify the lead time required to mobilize and provide services on an as-needed, on-demand basis.

PRS Management anticipates conducting an initial planning and orientation meeting before the commencement of services to review DESE practices and applicable state and federal laws and regulations.

Required Qualifications:

1. Extensive knowledge of the Individuals with Disabilities Education Act (IDEA) and other special education laws, regulations, and guidance.

2. Demonstrated experience in conducting investigations of complaints as an impartial decisionmaker.

Preferred Qualifications:

1. Experience impartially analyzing complaints and concerns under IDEA and other laws and regulations, including demonstrated experience in identifying allegations in state complaints.

2. Demonstrated experience in conducting investigations of complaints relating to special education services, including experience analyzing evidence to determine findings and preparing reports and other correspondence.

3. Demonstrated ability to communicate clearly and effectively, including producing written work that is timely, thorough, clear, and culturally competent.

4. Experience working with confidential information and maintain confidentiality consistent with legal and ethical standards and maintain detailed records of complaints, responses, decisions, and actions taken during the complaint process.

5. Experience with developing and delivering services to state agencies, school districts, or similar entities.

Submission Requirements:

Vendors responding to this bid must respond to the items below. Font size to be no smaller than 11-point font, single space. There are no margin restrictions.

1. Project Budget Proposal (up to 2 pages) Please provide a detailed cost proposal reflecting the Vendor’s plan to investigate state complaints received by PRS under the oversight of DESE, on demand for each fiscal year.

2. Description of Services (up to 2 pages) Describe in detail how you would conduct investigations of complaints received by PRS in accordance with PRS procedures and consistent with state and federal laws, regulations, and guidance.

Include a proposed outline of deliverables (i.e., identify the minimum and maximum number of complaints the Vendor would resolve per month and year for the contract term if handling matters from complaint intake through to determination. If different from the above, identify the minimum and maximum number of complaints the Vendor would resolve per month if assigned matters where the Department had conducted an initial investigation and provided the Vendor with the documentation and information necessary to reach a determination.)

3. Demonstrated Record of Effectiveness (up to 2 pages) Please provide three references that may be contacted as part of the review process (Complete Attachment C).

4. Overview of Contributing Staff Members Please identify the names and roles of the individuals who conduct investigations into complaints under this contract. Please attach their resumes (do not include personal contact information). For each proposed individual, please describe their education and training regarding the requirements and oversight of IDEA, Section 504, and other applicable federal requirements.

5. Diversity, Equity, and Inclusion (up to 1 page) One of DESE’s foremost goals is to address inequities in education that exist in the Commonwealth. Describe your organization’s commitment to and actions taken to ensure equity (this should include efforts within your own organization to support equity and efforts when providing services to clients, as applicable). For example, how does your organization intentionally promote diversity, equity, and inclusion, particularly racial equity? What strength-based strategies have been implemented? How is a deficit-based mindset countered?

6. No Apparent Conflict Confirm in a statement no apparent conflicts of interest with Massachusetts Local Education Agencies (e.g., public school districts, charter schools, etc.) that may cause operational challenges, reduce the efficacy of both the Vendor and DESE to satisfy the purpose of this procurement. As such, any applicant should confirm their ability to be free from apparent conflicts of interest with Massachusetts Local Education Agencies.

7. Prompt Payment Discount Form Prompt Payment Discount Form (This form can be found on COMMBUYS in the same location as this bid posting. This form is required to be completed by offering a discount or claiming hardship. Hardship must be accepted by the team and procurement office. Those that offer 1% will receive an average on the scorecard. Those that offer a higher or lower percentage will be scored accordingly on the Evaluation Criteria Scorecard.

8. Attachment B – Contact Information Form Responses MUST be uploaded to COMMBUYS. Responses not posted to COMMBUYS will not be considered for evaluation. Do not Email and/or mail responses to the department.

To respond to this bid, please register on the COMMBUYS website. If you need assistance contact the OSD Help Desk at OSDHelpDesk@mass.gov or (8am - 5pm ET Monday – Friday) at 1-888-627-8283 or 617-720-3197.

PLEASE NOTE: All bid postings such as this one, that is $250,000 or less annually, will give preference to Small Business Program Plan (SBPP) registered bidders. Those that are registered SBPP bidders will be evaluated first and if able to meet all the needs of the procurement, will be awarded. Non-SBPP bidders are not reviewed if a SBPP bidder can be awarded. To learn more about the SBPP click here.

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