ESBD_423759_1748574629018_701-25-018 FINAL for ESBD and Bonfire.pdf

RFP 701-25-018, SPECIAL

EDUCATION COMPLAINTS

AND DISPUTE RESOLUTION

SUPPORTS

Summary The Texas Education Agency (TEA) is requesting proposals to enhance TEA’s ability to address special education complaints filed against public education agencies.

Authorized by:

PL 108-446, Individuals with Disabilities Education Act (IDEA), as amended, Part B, Section 611.

Proposals are due July 8, 2025 - 2:00 P.M. Central Time

TEA Contracts and Purchasing Division

TEASolicitations@tea.texas.gov Kristi Nichols-Arnold mailto:TEASolicitations@tea.texas.gov

Table of Contents

1. Purpose, Background, and Scope of Work

1.1. Purpose

1.2. Background and Defined Terms

1.3. TEA Mission and Procurement Authority

1.4. Anticipated Schedule of Events

1.5. Contract Term

1.6. Budget

1.7. Scope of Work, Project Description, and Project Requirements

1.8. Project Deliverables and Milestones

1.9. Collaboration

1.10. Contract Monitoring and Dispute Resolution Procedures

2. Submission Process and Instructions

2.1. Response Format

2.2. Electronic Submission Process

2.3. Communication

2.4. Response Requirements

2.5. Conflict of Interest

3. Response Format and Content

3.1. Requested Information

3.2. Understanding of the Project, Methodology, and Technical Components

3.3. Management Plan, Experience, and Qualifications

3.4. Task, Activity, Deliverable, and Budget Plan

3.5. Contractors Financial Capability

4. Response Review and Evaluation

4.1. Response Review

4.2. Evaluation Criteria

5. Contractual Requirements

5.1. Incorporation and Order of Precedence

ATTACHMENT A: NOTICE OF INTENT TO SUBMIT A RESPONSE

ATTACHMENT B: CONTRACT TERMS, CONDITIONS AND AFFIRMATIONS, PROPOSAL PREFERENCES,

AND EXECUTION OF OFFER

ATTACHMENT C: HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN

ATTACHMENT D: RESPONSE COVER PAGE AND CHECKLIST

ATTACHMENT E: TASK, ACTIVITY, DELIVERABLE, AND BUDGET PLAN

ATTACHMENT F: DELIVERABLE DESCRIPTIONS AND GENERAL ACCEPTANCE CRITERIA

ATTACHMENT G: CONFLICT OF INTEREST ANALYSIS FORM

ATTACHMENT H: INFORMATION SECURITY REVIEW

ATTACHMENT I: DATA CENTER SERVICES (DCS) INFRASTRUCTURE REQUIREMENTS

1. Purpose, Background, and Scope of Work

1.1. Purpose

The Texas Education Agency (TEA) is requesting responses to enhance TEA’s ability to address special education complaints filed against public education agencies.

Responses should demonstrate the contractor’s ability to:

- Review or investigate special education complaints

- Generate complaint summary and findings reports

- Develop and provide alternative and early resolution opportunities to stakeholders

- Improve existing and developing new complaints management tools, resources, and materials to support or increase efficiency and effectiveness across dispute resolution and complaints activities

- Complete research, data collection, and analysis to provide reports to the agency

1.2. Background and Defined Terms

TEA supports over 5.5 million students and 384,000 teachers across 1,207 school systems. Within our student population, 62% of students are identified as economically disadvantaged, 24% as Emergent Bilingual/English Learners, and 14% (~775K) are identified as students served in special education.

Texas has experienced a 20-25% increase in the number of complaints filed since the Federal Fiscal Year (FFY) 2021.

For FFY 2024, the agency received almost 1,300 complaints, 424 requests for Due Process Hearings and 429 requests for mediation. Current trend analysis demonstrates that TEA could receive more than 1,500 complaints for FFY 2025. As the State Education Agency under the Individuals with Disabilities Act (IDEA), TEA has 60 calendar days upon receipt of a qualifying complaint to investigate, decide on the merits of the complaint, and issue findings.

TEA investigates allegations regarding the violation of the IDEA, the Texas Education Code (TEC) and Texas Administrative Code (TAC) as it relates to students with disabilities and special education. TEA is additionally implementing the revised guidance related to noncompliance, corrective action, area of concern, and systemic noncompliance, released by the US Department of Education (USDE) Office of Special Education Programs (OSEP) in July 2023 known as OSEP QA 23-01. Despite the growth in complaints, and updated guidance, for over 12 years TEA has maintained compliance with IDEA timelines and will continue to do so.

https://sites.ed.gov/idea/files/Guidance_on_State_General_Supervision_Responsibilities_under_Parts_B_and_C_of_IDEA-07-24-2023.pdf

The agency offers multiple services to stakeholders to resolve disputes related to special education, including IEP facilitation, mediation, complaints investigations, and Due Process Hearings. The agency launched an online complaints tool in FFY 2022 this tool was developed to improve access to stakeholders to submit a special education complaint. Utilizing this tool to file a complaint facilitates the TEA and the Local Education Agency (LEA) identified in the complaint to receive a copy of the complaint electronically which is a requirement of IDEA.

The online complaints tool and the TEA Special Education Dispute Resolution Handbook are available in English, Spanish, Vietnamese, Simple Chinese and Arabic. Technical Assistance is provided to stakeholders through a grant to an Educational Service Center, known as SPEDTex, a special education information center operated by the TEA. SPEDTex provides information and resources that can help families understand their child’s disability, their rights, and responsibilities under the IDEA and facilitate collaboration that supports the development and delivery of services to children with disabilities in our state.

Special education complaints, early resolution, and IEP Facilitation are coordinated through the TEA Office of Special Populations and Student Supports (OSPSS) under the department of General Supervision and Monitoring, whereas mediation and Due Process Hearings are managed by TEA General Counsel.

As used in this solicitation, the following capitalized terms shall have the meaning as specified below:

Term Definition ARD Admission, Review, and Dismissal process BAFO Best and Final Offer CFR Code of Federal Regulations CMBL Centralized Master Bidders List Contractor and Vendor

“Contractor and Vendor” refers to entities who desire to do business with

TEA.

CAP Corrective Action Plans DIR Department of Information Resources EDR Endpoint Detection and Response ESA Educational Service Agency ESBD Electronic State Business Daily FERPA Family Educational Rights Privacy Act FFY Federal Fiscal Year HSP Historically Underutilized Business Subcontracting Plan HUB Historically Underutilized Business as defined in Texas Government Code

§ 2161.001 IDEA Individuals with Disabilities Act https://tea.texas.gov/about-tea/government-relations-and-legal/se-dispute-resolution-comparison-of-services-chart-english.pdf https://tea.texas.gov/academics/special-student-populations/special-education/dispute-resolution/individualized-education-program-facilitation https://tea.texas.gov/academics/special-student-populations/special-education/dispute-resolution/special-education-complaints-process https://www.spedtex.org/ https://www.spedtex.org/ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2161.htm

IT Information Technology IEP Individualized Education Program LEA Local Education Agency NIGP National Institute of Governmental Purchasing OSEP Office of Special Education Programs OSPSS Office of Special Populations and Student Supports PAR Progress Assessment Report PEA Public Education Agency QAP Quality Assessment Plan Response “Response” refers to content submitted by Contractors to TEA in response to this solicitation.

SBOE State Board of Education SPEDTex Special Education Information Center State or Texas State of Texas TAC Texas Administrative Code TADBP Task, Activity, Deliverable, and Budget Plan TEA Texas Education Agency TEA Procurement Staff

TEA procurement professional(s) responsible for leading the planning, solicitation, and contract formation processes.

TEA Project Manager, TEA Program Staff, or TEA Contract Manager

TEA staff members who are the subject matter experts concerning this solicitation, one or more of whom will manage the contract(s) resulting from this solicitation.

TEC Texas Education Code TGC Texas Government Code USDE US Department of Education VPTS Vendor Performance Tracking System

1.3. TEA Mission and Procurement Authority

The Texas Education Agency (TEA) is the state agency responsible for overseeing primary and secondary public education in Texas. TEA’s mission is to improve outcomes for all public-school students in the state by providing leadership, guidance, and support to school systems; every child, prepared for success in college, career, or the military.

TEA has adopted a strategic plan comprised of four strategic priorities built upon five key actions identified below. These may be updated in the future and can be found on the TEA website located here, https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan:

https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan

• Strategic Priorities o Recruit, support and retain teachers and principals o Build a foundation for reading and math o Connect high school to career and college o Improve low-performing schools

• Key Actions (Continuous Improvement) o Supported Educators o Ready Students o Rigorous Engagement o Aligned Systems o Actionable Goal-setting

This procurement supports TEA’s strategic plan to improve low performing schools and dispute resolution for special education and 60 calendar day timelines are defined in IDEA and TEC. Also required under CFR as required State Education Agency activities to ensure LEA compliance.

This procurement is authorized by PL 108-446, Individuals with Disabilities Education Act (IDEA), as amended, Part B, Section 611.

Pursuant to Texas Government Code §§2151.004(d) and 2155.131, The Office of the Comptroller of Public Accounts has delegated authority to TEA to conduct this solicitation and to award a contract for the purposes stated herein.

1.4. Anticipated Schedule of Events

DATE EVENT

June 2, 2025 Publication of solicitation in the Electronic State Business Daily (ESBD) at:

http://www.txsmartbuy.com/esbd. Contractors must have a Bonfire account to provide a submission to TEA. HUB-related questions must be directed to the HUB Office HUBOffice@tea.texas.gov

June 9, 2025 Last day to submit written questions about this solicitation no later than 2:00 P.M. Central Time. Submit questions via Vendor Discussion in the Bonfire portal

June 13,2025 Final publication of questions and answers

June 23, 2025 TEA preferred date to receive Notice of Intent to submit a response July 8, 2025 Response(s) due no later than 2:00 P.M. Central Time July 2025 Response Check-In, Evaluations, and Oral Presentations (if required) August 2025 Commencement of contract negotiations with selected contractor(s) September 2025 Anticipated start date of contract

1.5. Contract Term

The contract term is for a total of five state fiscal years commencing from contract execution or an agreed-upon contract start date. Any period starting at contract execution or agreed upon contract start date that is less than a state fiscal year will not count toward the total number of state fiscal years. All contracts are subject to appropriation of funds by the Texas Legislature.

Contractors must not perform any work before both parties have signed a contract. TEA will not pay for services the contractor performs for TEA prior to contract execution.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2151.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm http://www.txsmartbuy.com/esbd https://tea.bonfirehub.com/portal/?tab=openOpportunities mailto:HUBOffice@tea.texas.gov

1.6. Budget

TEA may award one or more contracts from this solicitation. TEA reserves the right not to award a contract from this solicitation. Responses must include a detailed Task, Activity, Deliverable, and Budget Plan (TADBP), as described elsewhere in this solicitation and in Attachment E. TEA will not accept separate indirect cost rate calculations for this procurement. The proposed budget and payments to a contractor must be based on satisfactory completion and TEA acceptance of deliverables. The TADBP must clearly identify proposed prices related to each proposed task, subtask, and deliverable for each fiscal year of the contract.

TEA will establish monthly invoicing procedures for the awarded contract(s) aligned to completion and acceptance of the deliverables. TEA will pay invoices for satisfactory performance of services, receipt and acceptance of specified deliverables, and receipt of properly prepared invoices and supporting documentation.

1.7. Scope of Work, Project Description, and Project Requirements

Major Component 1: Enhance TEA’s Capacity for Special Education Complaints Resolution:

o Obtain additional capacity for TEA to meet federal and state requirements related to resolving special education complaints filed against public education agencies. A "public education agency" includes the State Education Agency, LEA, Educational Service Agency (ESA), a nonprofit public charter school not included as an LEA or ESA, and any other political subdivision responsible for providing education to students with disabilities.

o Upon receipt of a sufficient complaint, TEA will securely provide the contractor with access to relevant records and a timeline for completing an initial review and recommendation or conducting a full complaint investigation.

o The contractor will ensure reviewers follow TEA-approved procedures to examine and assess evidence related to the complaint and allegations, create summative reports, and potentially reach out to involved parties for additional information.

o After reviewing the materials provided and evidence, the contractor will deliver a summary report with recommendations or a findings report following a complete investigation.

o The contractor will provide tracking and reporting on complaint activities, to include completion data, findings, and trend analysis. Based on the data, develop support materials the agency or Public Education Agency (PEA) can use to improve outcomes.

Major Component 2: Develop Alternative and Early Dispute Resolution Opportunities:

o Create, implement, and enhance early resolution opportunities for stakeholders with special education disputes.

o Review existing TEA approaches, identify areas for improvement, and develop new, innovative practices.

o Establish internal tracking and data collection methods for early resolution, use, effectiveness, outcomes and trends o Develop materials to support stakeholder engagement regarding early resolution options to increase knowledge, utilization, and understanding.

o Create data tools to manage and track access, trends, and outcomes of early resolution activities.

Major Component 3: Identify and Implement Improvements for Complaint Management:

o Analyze and review TEA’s practices, tools, systems, technology, and processes for managing complaints and disputes.

o Using current research on best practices, identify opportunities to improve outcomes in alignment with state and federal regulations.

o Potential improvements may include creating reports, providing training, coaching, and professional development for staff, and developing tools, materials, and resources for TEA to enhance its complaints management.

Examples of Supported Activities

This contract will support activities such as:

• Recruiting, hiring, and training reviewers who meet TEA’s minimum qualifications.

• Managing personnel who review FERPA-protected documents.

• Engaging with parents, families, and LEA personnel to gather additional information needed for investigations.

• Training reviewers on established procedures.

• Providing TEA with detailed reports and summaries of complaints.

• Developing and engaging stakeholders in early/alternative resolutions.

• Tracking data on complaints and dispute resolution activities.

• Provide TEA agency staff, partners, or grantees who support or engage in dispute resolution work training, professional development and coaching on best practices, current research or continuous improvement endeavors.

• Developing resources such as guides, one-pagers, and digital and social media content.

• Conducting verification activities to ensure summaries, recommendations, reports, findings, and determinations align with TEA’s procedures, the TEC, the TAC, and IDEA/Code of Federal Regulations (CFR) statutes and guidance.

1.8. Project Deliverables and Milestones

General Requirements for all deliverables and milestones

• All materials produced for the agency for stakeholder use must pass 508 accessibility requirements.

• Information developed for parents and families must be available in multiple languages.

• Any Information Technology (IT) tool, solution developed, or implemented must meet agency security requirements.

• All professional development materials must be aligned to research based adult learning theories.

Component 1: Enhance TEA’s Capacity for Special Education Complaints Resolution:

o Recruitment plan for reviewers and investigators.

o Evidence of secure data management procedures in alignment with TEA requirements.

o Provide a detailed budget, staffing and supervision plan, including a cost breakdown on rates for reviews and investigations, as well as predicted capacity for each contract year to conduct reviews or investigations.

o Tool and form development, tracking tools, summary report, recommendations template, investigative report based on TEA templates and guidance.

o Develop training protocols, materials and professional development plan for reviewers and investigators to include ongoing training/coaching to improve performance, annual trainings on FERPA, data security, IDEA and state statue as well as investigatory practices.

o Validation and reliability forms for Program lead review summary reports and investigative reports, disagreement protocols.

o Ongoing coaching and professional development plan for reviewers, investigators and personnel on TEC, TAC, IDEA and any new, updated or clarified guidance provided by USDE or OSEP.

o Data tracking, timelines for completion, accuracy, utilization, trend analysis and system management tools developed and implemented.

o Monthly and quarterly report templates and tools to be submitted to TEA for review on performance, usage, trends, reliability and validity testing.

Component 2: Develop Alternative and Early Dispute Resolution Opportunities:

o Review existing TEA approaches and generate a summary report detailing practices, strengths, areas for improvement, and develop new, innovative practices.

o Develop early resolution or alternative resolution tools and services that can be provided to LEAs and stakeholders to effectively resolve disputes, this can include informal mediation, parent training, workshops, academies, webinars and guidance.

o Provide a detailed budget, staffing and supervision plan, including a cost breakdown on rates for informal mediations, parent training/academies and similar efforts, as well as predicted capacity for each contract year to conduct such activities.

o Design internal tracking and data collection methods to report on early resolution use, effectiveness, outcomes, and trends.

o Develop materials to support stakeholder engagement regarding early resolution options to increase knowledge, utilization, and understanding.

o Create data tools and dashboards to manage and track access, trends, and outcomes of early resolution activities.

Component 3: Identify and Implement Improvements for Complaint Management:

o Conduct review and analysis of TEA practices as well as any providers or grantees working on behalf of the agency, related to complaints management, dispute resolution, Corrective Action Plans (CAPs), use of interventions and sanctions related to complaints or dispute resolution practices and resources, practices, and supports for early/alternative resolution by TEA.

1. Create a report including executive summary, stakeholder engagement, strengths.

2. The report must include opportunities to improve outcomes, effectiveness and/or efficiency based on current research and best practices.

3. Provide a summary presentation to leadership.

o Following review with senior leadership and alignment, develop a multi-year deliverable prioritization schedule and comprehensive development plan to roll-out system improvements and enhancements.

1. The comprehensive development plan included in a detailed timeline for each of the subsequent years of the contract to achieve outcomes, fully develop and implement components 1 and 2.

2. A detailed training and professional development plan to build capacity, knowledge, and expertise across dispute resolution staff and partners including

TEA, key grantees (i.e., ESCs or SPEDTex) and others identified by agency leadership. Training and professional development should include IDEA, TEC, TAC, USDE, OSEP guidance, evidence based best practices, and ongoing support to successfully implement the improvements and enhancements prioritized in the comprehensive development plan.

1.9. Collaboration

The awarded contractor(s) will collaborate closely with TEA staff for this project. These responsibilities include, for example:

Awarded Contractor Responsibilities:

- Engaging in ongoing, responsive communication about the project(s);

- Participating in scheduled project meetings;

- Working continuously on the project, including during summer months;

- Adhering to the Task, Activity, Deliverable, and Budget Plan (TADBP), or other schedules for deliverables as specified by TEA after consultation with the awarded contractor, including proposed deadlines for draft work products;

- Notifying TEA within 48 hours of project-related issues that negatively impact timelines;

- Obtaining advance written approval from TEA prior to any staffing changes or additions, especially changes to key staff members assigned to this project;

- Producing high-quality drafts of all submitted work products, reports, evaluation plans, analysis plans, and instruments, etc. with minimal typos and in alignment with applicable guidelines (branding, accessibility, reading level, etc.);

- Responding within 5 business days to all requests for feedback on evaluation plans, methodology, analysis plans, instruments, data manipulation, analysis results, reports, etc.;

- Responding within 48 hours to inquiries regarding invoice and document requests (as in the case of an audit);

- Adhering to policies and procedures regarding use of confidential data and data collection procedures;

- Adhering to policies and procedures regarding fingerprinting and criminal background checks prior to conducting any school visits, as applicable; and

- Adhering to all terms and conditions of the contract with TEA, for example, following the change management process for contract revisions; informing TEA of changes in ownership, key staff, or subcontractors; and immediately reporting actual or potential conflicts of interest to TEA.

TEA Responsibilities:

- Providing awarded contractor(s) and any subcontractors information on changes in legislation, reporting needs, or any other activities that may impact on the project(s);

- Collaborating with the awarded contractor to address unforeseen developments, identify issues, and propose solutions;

- Coordinating support and resources for the project;

- Providing necessary data and documentation;

- Reviewing and approving the contractor’s evaluation and analysis plans, including all qualitative and quantitative methodologies and data analyses;

- Reviewing use of data, data sources, data manipulation, data processing business rules, and analytic results;

- Monitoring the awarded contractor’s progress, as outlined in contractor-submitted monthly progress reports to ensure compliance with contract terms;

- Reviewing and approving monthly invoices (including disputing invoices as necessary and working with contractor to resolve disputes);

- Providing and coordinating feedback on all submitted reports;

- Monitoring the awarded contractor’s performance and compliance with the terms and conditions of the contract, including following the change management policy for all amendments and budget revisions;

- Coordinating on-site presentations (if needed) of findings prior to the submission of major deliverables; and

- Monitoring proper transmission and destruction of data.

1.10. Contract Monitoring and Dispute Resolution Procedures

TEA monitors its contracts to ensure contractors adhere to the terms and conditions of their TEA contracts and to prevent fraud, waste, and abuse. TEA Contract Managers carefully review invoices to verify the following:

- Goods and/or services provided are included in the contract;

- Charges match the contract budget, and pricing clearly ties to the task plan;

- Invoice charges are within scope, allowable, and reasonable;

- Invoice amounts are tied to specific contract tasks with enough supporting documentation to show that goods and/or services were received and were of acceptable quality; and

- Each invoice shows the contract number, purchase order number, dates of service, tasks, and pricing.

All pricing provided in the response should include a specific deliverable or a set of deliverables that demonstrate successful completion of activities. All activities must have documentation to support their completion. TEA reserves the right to reject goods or services which do not address the deliverables stated in the contract and do not meet TEA quality review.

In addition to carefully reviewing invoices prior to authorizing payment, TEA Contract Managers conduct ongoing contract monitoring activities depending on the nature and risk factors associated with the contract. Examples of standard contract monitoring activities include:

- Monitoring the contractor’s progress and performance to ensure goods and services conform to the contract requirements;

- Managing, approving, and documenting any changes to the contract through the change management process authorized by the terms of the contract;

- Maintaining documentation verifying that goods and/or services were reviewed and accepted;

- Monitoring the contract budget to ensure sufficient funds are available throughout the term of the contract;

- Identifying and resolving disputes with the contractor promptly;

- Exercising legal remedies, as appropriate, when a contractor’s performance is deficient; and

- Confirming all goods and/or services have been delivered and delivery is completed prior to the expiration date of the contract.

TEA will determine whether a contract should be subject to enhanced monitoring, an increased level of monitoring. For example, a contractor who has access to sensitive data or contact with students may be subject to enhanced monitoring. In addition to the responsibilities that come with standard contract monitoring, Contract Managers may implement any of the following examples of enhanced monitoring measures:

- Developing a Quality Assessment Plan (QAP) to document contract monitoring activities;

- Conducting site visits to a contractor’s facility;

- Holding regular project management meetings with contractors to ensure the project is meeting established milestones and deadlines;

- Reviewing contractor-prepared progress reports;

- Reviewing satisfaction surveys from training attendees or other quality assurance reports;

- Implementing a corrective action plan if contractor is not meeting contract performance expectations;

- Monitoring contractor performance and invoking applicable remedies for contract breaches

(for example, liquidated damages assessed for service level agreement breaches); and

- Monitoring contractor’s access to sensitive data and ensuring data is handled properly and returned or destroyed at the end of the contract, as appropriate.

TEA expects contractors to support these monitoring efforts, including responding promptly to requests for documentation and working together in good faith to resolve disputes.

In the event of a dispute, TEA will make every effort to resolve the issue(s) with contractor’s project staff before escalating to executive-level management. Throughout the dispute resolution process, the parties should make a good faith effort to work together toward a mutually beneficial resolution.

Resolution may include corrective action plans, substitutions, liquidated damages, or other remedies, as appropriate.

2. Submission Process and Instructions

2.1. Response Format

Contractors must submit a complete response and follow all the instructions contained within this solicitation. Responses with conditional clauses, alterations, or irregularities are subject to rejection by TEA at its sole discretion. Contractors must submit responses electronically through the Bonfire portal and ensure TEA receives them no later than the deadline stated in the Anticipated Schedule of Events. TEA will not accept late responses.

Response Format and Requirements:

- The contractor must download all files under Public Files to prepare your submission.

- Complete and upload all required documents listed under the Requested Information section in Bonfire.

- The file name should be short but descriptive and avoid special characters. Use capital letters, hyphens, or underscores instead of spaces or periods. (i.e., 25- 018_CompanyName_Response).

- Contractors must ensure an authorized representative to sign all required forms, and those signatures are included in the electronic file (digital signatures or scanned ink signatures are both acceptable).

- The contractor must sign the Execution of Offer contained within Attachment B. By signing the Execution of Offer, the contractor affirms that all statements within the response are true and correct. Discovery of any false statement in the response may void the submitted response or any resulting contracts.

- Contractors must submit responses electronically via Bonfire.

2.2. Electronic Submission Process

Submission via Bonfire

TEA will only accept responses using the Bonfire electronic bidding portal as a secure electronic submission method. Please upload your submission at Texas Education Agency Bonfire Portal.

Responses will not be accepted by email or facsimile.

Once uploaded, the Bonfire platform will notify TEA of the upload. The file(s) will be dated and time-stamped upon upload and the system will provide a confirmation number to the contractor’s email address. Contractors are advised to plan accordingly to ensure TEA receives a response ahead of the deadline. Once the close date has passed, you will not have an opportunity to change any of the submitted documents.

***Please note the location, type, and requirements of these forms. Failure to submit required documents will result in a contractor’s disqualification from consideration for this procurement. Forms must be submitted in the specified location in Bonfire.***

Intent to Submit Response

TEA requests contractors notify TEA as soon as possible of their intent to submit a response on the Bonfire platform. Toggle the “Intent to Bid” checkbox in Bonfire to confirm the intent to submit a response. Notifying TEA of an intent to submit a response in no way obliges the filer to submit a response. You will not be able to prepare a submission unless you submit 'Yes.

2.3. Communication

To protect the integrity of the procurement process, contractors must adhere to the communication procedures outlined in this solicitation.

Bonfire Registration

To contact TEA or ask questions in relation to this solicitation, contractors must register on https://tea.bonfirehub.com and initiate the communication electronically through the Vendor Discussions section.

To assist with registration, submission of a response, and learning how to get started with Bonfire, watch this training video. For questions or support when using the platform, access the Bonfire online knowledge base, search the FAQ, or contact the Bonfire support team at support@gobonfire.com.

Limited Contact Policy https://tea.bonfirehub.com/portal/?tab=openOpportunities https://tea.bonfirehub.com/ https://vendorsupport.gobonfire.com/hc/en-us/articles/7322917689367-Creating-a-Bonfire-Account-VIDEO https://vendorsupport.gobonfire.com/hc/en-us/categories/6796320852247 https://vendorsupport.gobonfire.com/hc/en-us/categories/6796320852247 mailto:support@gobonfire.com

Contractors must send all communications about this solicitation via Bonfire, Vendor Discussions Section at https://tea.bonfirehub.com. Contractors may contact the TEA Historically Underutilized Business (HUB) office at HUBOffice@tea.texas.gov for the purpose of addressing HUB and HUB Subcontracting Plan (HSP) questions only.

TEA will not accept phone inquiries regarding this procurement.

Non-procurement staff at TEA may not discuss this procurement with outside parties. If a potential contractor fails to observe this prohibition or attempts to circumvent the limited contact policy, their response may be subject to disqualification.

The limited contact policy does not apply to discussions concerning matters unrelated to this procurement, including business related to current contracts with TEA.

Question and Answer Process

Contractors may submit questions within the date and time specified in the Anticipated Schedule of Events. Any questions or clarifications pertaining to this solicitation shall be submitted through Bonfire Opportunity Q&A. TEA will compile questions and related responses into one or more addenda documents and post them on the Bonfire platform and on the ESBD. It is the vendor’s responsibility to obtain any addenda documents on Bonfire. Please check for addenda(s) before submitting.

Communication after the Response Due Date

Between the response due date and contract execution, TEA may communicate with vendors to:

- Seek clarification regarding response(s).

- Invite contractors to participate in oral presentations.

- Conduct negotiations, including requesting a potential contractor’s best and final offer

(BAFO).

- Exchange information required to facilitate a potential contract award.

TEA will notify all contractors of the award or non-selection upon contract execution. The Limited Contact Policy remains in force until all contract(s) from this solicitation have been executed.

2.4. Response Requirements

TEA will not consider late or incomplete responses. Responses that address only part of the requirements of this solicitation are non-responsive.

https://tea.bonfirehub.com/ mailto:HUBOffice@tea.texas.gov

Failure to formalize the terms of the response by signing the Contract Terms, Conditions and Affirmations, Response Preferences, and Execution of Offer will result in disqualification of the offer contained within the response.

Contractors must carefully review and complete all forms within the solicitation. TEA encourages contractors to review TAC § 20.285 regarding the good faith effort requirements of the Historically Underutilized Business (HUB) Subcontracting Plan (HSP) and to reach out to the HUB Office at HUBOffice@tea.texas.gov with questions. Failure to comply with HUB requirements, including correctly filling out all HUB related forms, will result in disqualification.

TEA reserves the right to reject responses and to negotiate portions thereof, including the proposed TADBP and identified personnel.

Contractors must furnish clarifying information to TEA if requested. Failure to provide the requested material or information may disqualify the response.

The selected contractor must collaborate with TEA staff to clarify the project design, design of the materials, project activities and/or other work products, and modify these items, if necessary.

All responses received in response to this solicitation are the property of TEA. TEA is not liable for any costs incurred in the preparation or submission of a response.

Texas Bidders Affirmation

Respondent certifies that if a Texas address is shown as the address of the Respondent on this response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

Texas Public Information Act

Responses submitted in response to this solicitation are subject to release under TGC, Chapter 552, Public Information Act. If TEA receives a Public Information Act request for response(s) received under this solicitation, contractors may have the opportunity to demonstrate that some or all their response falls into one or more exceptions to disclosure. Contractors should indicate on the response cover questionnaire if their submission contains proprietary information and identify the specific sections within the response that are proprietary. It is not sufficient to mark every page as confidential; rather, contractors should identify specific information or sections as proprietary.

Historically Underutilized Business (HUB) Subcontracting Plan (HSP) https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285 mailto:HUBOffice@tea.texas.gov https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

In alignment with state law and public policy, TEA encourages contracting and subcontracting opportunities for HUBs in all contracts. If TEA determines that subcontracting opportunities are probable, then an HSP is a required element of the response.

Statement of Probability

TEA has determined that subcontracting opportunities are probable in connection with this procurement. Therefore, ALL contractors must submit an HSP in their response. Responses that do not include an HSP will be rejected for non-compliance.

If the contractor is itself a HUB, an HSP is still required to identify the percentage of the work to be performed by subcontractors and document whether the contractor is self-performing or made a good faith effort to subcontract work to other HUBs.

If the contractor (HUB or non-HUB) is not subcontracting any portion of the work, the Self Performance portion of the HSP must be completed and returned with the response.

The contractor shall develop and administer an HSP as a part of the response in accordance with the TEA policy on utilization of HUBs and State law. The contractor must make a good faith effort and solicit a minimum of three Texas-certified HUBs from the State’s Centralized Master Bidders List (CMBL) / HUB Directory for work that they cannot complete with their own staff and resources. The contractor must also notify minority or women trade organizations or development centers of subcontracting opportunities. Additional requirements are listed in Attachment C. In addition to a completed HSP, contractors planning to subcontract portions of their work for TEA are required to provide supporting documentation to support good faith efforts under Method A or Method B (for example, emails between the contractor and potential subcontractors, trade organizations, and development centers).

The HSP will be incorporated into the contract between TEA and the selected contractor.

HUB Subcontracting Goal

The HUB subcontracting goal for this procurement is 26.0% minority-owned, woman-owned, and/or service-disabled veteran-owned business participation.

TEA encourages contractors to collaborate with the HUB Office to develop mentor-protégé opportunities. Under 34 TAC § 20.298, a contractor’s participation in a Mentor-Protégé Program under TGC § 2161.065, and the submission of a protégé as a subcontractor in the HUB subcontracting plan constitutes a good faith effort for the work to be subcontracted with the protégé.

HUB Subcontract Progress Assessment Reporting

The contractor will be responsible for maintaining business records documenting compliance with HUB Program requirements. The contractor must submit a Progress Assessment Report (PAR) monthly documenting all subcontractor payments made in the preceding month. Submission of the PAR is a condition for payment. PARs are due no later than the 10th day of the following month. The PAR must be submitted monthly, even if no subcontracting activity occurred during the month, to TEA’s HUB Office at HUBOffice@tea.texas.gov.

How to Find Texas Certified HUBs for Subcontracting Opportunities

Manufacturers, suppliers, and other vendors, including HUBs, may be found on the CMBL / HUB Directory at: https://comptroller.texas.gov/purchasing/vendor/cmbl/. Vendors are listed by the National Institute of Governmental Purchasing (NIGP) commodity codes for which they’ve self-identified as related to the service and/or goods they provide. TEA has identified the following sample list of NIGP commodity codes that may be related to this solicitation, but each contractor is responsible for identifying the subcontracting needs for their unique response.

1. Class Code: 924 – Educational and Training Services

Item: 05, Advisory Services, Educational

Item: 16, Course Development Services, Instructional and Training

Item: 18, Educational Services, Alternative

Item: 35, In-Service Training, Employees

Item: 74, Special Education Services

Item: 75, Special Education Consultant

2.5. Conflict of Interest

An entity will not be selected if it has a conflict of interest that will or may arise during the performance of its obligations under the contract. The contractor must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a response by the entity and its proposed subcontractors. The contractor must complete the Conflict of Interest Analysis Form in Attachment G. TEA prefers that the supporting documents identified in Attachment G be included where highlighted on the last page of the attachment.

Failure to provide this information will result in disqualification from further consideration.

https://comptroller.texas.gov/purchasing/vendor/cmbl/

As part of this disclosure requirement, each response must include all past and present contractual, business, financial, or personal relationships between the contractor or contractor’s staff and TEA and between the contractor’s planned subcontractors or such subcontractor’s staff, if any, and TEA.

Failure to disclose the identities of known subcontractors in Attachment G will subject a response to disqualification.

For purposes of this disclosure requirement:

- “Past” means within the two calendar years prior to the deadline for submission of responses in response to this solicitation;

- “TEA” means the statewide elected official who heads TEA, as well as TEA’s employees or recent former employees;

- “Recent former employee” means a TEA employee who has terminated TEA employment within the two calendar years prior to the deadline for submission of responses in response to this solicitation;

- “Personal relationship” means a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connections outside simply providing a response to this solicitation; and

- For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. TGC Chapter 573 defines these degrees of consanguinity and affinity.

Connections other than such family relationships fall within this definition and must be disclosed, if:

- A reasonable person could expect the connection to diminish the contractor’s independence of judgment or effectiveness in the performance of its responsibilities to TEA or the State under the contract; or

- If a reasonable person could expect the connection, within the overall context of the contractor’s submission of a response, possible selection for an award, or its performance of the contract, to create an issue for TEA’s consideration relative to a potential appearance of impropriety or conflict of interest.

For each item, contractor must provide a detailed explanation as to why the entity does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety relative to submission of a response, possible selection as contractor, or its performance of the contract.

The contractor must certify compliance with TGC § 669.003, relating to contracting with the executive head of a state agency. If TGC § 669.003 applies, the contractor must provide the following information: name of former executive; name of state agency; date of separation from state agency;

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.669.htm#669.003 position with the contractor; and date of employment with the contractor. The contractor agrees that it has a continuing duty to supplement its response under this provision and that the duty to disclose any conflicts of interest is an ongoing obligation throughout the term of the contract. The contractor must submit updated information as soon as reasonably possible upon learning of any updates that are required to these mandatory disclosures.

Certificate of Interested Parties Form 1295

A state agency may not enter into certain contracts with a business entity unless the business entity submits a certificate of interested parties form. Subject to the exemptions found in TGC § 2252.908(c), the law applies to any state agency contract that either: (i) requires an action or vote by the governing body of the state agency or entity before the contract may be signed; or (ii) has a value of at least $1 million.

The Form 1295 is not required to be submitted with the response. The vendor recommended for an award will be required to submit Form 1295 electronically through the Texas Ethics Commission’s website. An authorized agent of the contractor must sign the printed form. TEA will notify the Texas Ethics Commission of receipt of the filed Form 1295 as required.

3. Response Format and Content

Contractors must submit responses in the specified location, file type, and requirements listed on the Bonfire portal. Forms requiring signatures must be signed (digital signatures or scanned ink signatures are both acceptable). Responses may be deemed non-responsive if requested documents are not submitted. Responses must also be submitted in a manner that does not carry any personal benefit or value for members of the evaluation team or other TEA staff.

Responses must include the completed Attachment D: Response Cover Page Questionnaire.

3.1. Requested Information

Responses should be organized, indexed, and clearly labeled according to the contents below. Bonfire provides a Requested Information section to assist contractors with including all required information in their responses and to assist the evaluation team during their review of the responses. The contractor should refer to the appropriate section of this solicitation for detailed information on the items listed in the checklist. Failure to provide the required information will result in the disqualification of the response from consideration.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908

Requested Information Response Cover Page Questionnaire Attachment D, Q-56IR Table of Contents N/A Understanding of the Project, Methodology, and Technical Components

Section 3.2

Management Plan, Experience, and Qualifications Section 3.3 Task, Activity, Deliverable, and Budget Plan Section 3.4, Attachment E Signed Contract Terms, Conditions and Affirmations, Response Preferences, and Execution of Offer

Attachment B

HUB Subcontracting Plan and Supporting Documentation Attachment C Conflict of Interest Analysis Form including all attachments (i.e., organization charts, resumes, etc.)

Section 2.5, Attachment G

Information Security Review Attachment H

3.2. Understanding of the Project, Methodology, and Technical Components

The response must communicate an understanding of prior projects and successful execution of initiatives around complaints and dispute resolution to include but not limited to outcome data, references, samples of tools, materials, guidance and support developed. The ability to scale effectively and manage resources, personnel and deliverables required to support the needs and size of Texas.

The response must also describe the tasks to be performed, identify potential problems in the execution of the project, and provide methods to identify and solve such problems. The contractor must describe clearly, specifically, and as completely as possible, the methodology for carrying out the objectives and requirements of the project.

The response must describe the project design, project activities, deliverables, materials, and other goods and/or services, and reports to be generated during the contract period and show how they advance the purposes and specifications described in this solicitation. Technical evidence relating to the contractor's ability to perform the proposed services should be sufficiently detailed within the response. The overall quality of these components and of the response itself will be considered.

Failure to provide a response to the requirements in this section will result in the disqualification of the response from consideration.

3.3. Management Plan, Experience, and Qualifications

The contractor must provide satisfactory evidence of its ability to manage and coordinate the types of tasks, activities, and deliverables described in this solicitation and to produce the specified good and/or service on time and with high quality. At a minimum, the contractor must include the following information:

- The contractor’s organizational chart (with names and titles) and a description of its management structure;

- All staff developing content must be knowledgeable of IDEA, CFR implementation as well as related TEC and TAC that pertains to special education, special education service provision, and/or students with disabilities.