ESBD_497430_1773938050864_701-26-017 FINAL for ESBD_Euna.pdf

RFP 701-26-017, SPECIAL EDUCATION HEARING OFFICERS

Summary

The Texas Education Agency (TEA) is seeking proposals for special education hearing officer services in accordance with the requirements within this solicitation. Special education hearing officers preside over special education due process hearings filed by parents and school districts pursuant to the Individuals with Disabilities Education Act (IDEA).

Authorized by: The Individuals with Disabilities Education Act, 20 U.S.C. §§1400 et seq.

Responses are due April 16, 2026 - 2:00 P.M. Central Time

Point of Contact: Ms. Demetreus Jones TEA Contracts and Purchasing Division TEASolicitations@tea.texas.gov 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. Multiple Award Disclosure

1.7. Best Value Statement & Program Budget

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

1.9. Project Deliverables and Milestones

1.10. Collaboration

1.11. Contract Monitoring and Dispute Resolution Procedures

2. Submission Process and Instructions

2.1. Proposal Format

2.2. Electronic Submission Process

2.3. Communication

2.4. Proposal Requirements

2.5. Conflict of Interest

3. Proposal Format and Content

3.1. Requested Information

Contract Terms and Conditions, Proposal Preferences, and Execution of Offer

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

3.3. Experience and Qualifications

3.4. Writing Sample

3.5. Contractors Financial Capability

4. Proposal Review and Evaluation

4.1. Proposal Review

4.2. Evaluation Criteria

5. Contractual Requirements

5.1. Incorporation and Order of Precedence

ATTACHMENT A: NOTICE OF INTENT TO SUBMIT A PROPOSAL

ATTACHMENT B: CONTRACT TERMS AND CONDITIONS, RESPONSE

PREFERENCES, AND EXECUTION OF OFFER

ATTACHMENT C: HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING

PLAN (Intentionally Omitted)

ATTACHMENT D: PROPOSAL COVER PAGE AND QUESTIONNAIRE

ATTACHMENT E: RATE CAP

ATTACHMENT F: DELIVERABLE DESCRIPTIONS AND GENERAL ACCEPTANCE

CRITERIA (Intentionally Omitted)

ATTACHMENT G: CONFLICT OF INTEREST ANALYSIS FORM

1. Purpose, Background, and Scope of Work

1.1. Purpose

The Texas Education Agency (TEA) is soliciting proposals for special education hearing officer services under the terms of this solicitation. Hearing officers preside over special education due process hearings filed by parents or school districts pursuant to the Individuals with Disabilities Education Act

(IDEA).

1.2. Background and Defined Terms

The format of this procurement is slightly different than in years past. In the past, we set the fee rate; however, this procurement will set a fee cap to allow respondents to submit a proposed fee.

Respondents will not be allowed to go over the cap, but they will be allowed to use the cap as their proposed rate. Respondents coming in below the rate cap will be given additional points during evaluations for doing so.

The Individuals with Disabilities Education Act (IDEA) requires states receiving federal IDEA funds to establish and maintain a due process system to resolve disputes between parents of children with disabilities and school districts. See 20 U.S.C. §§ 1400 et seq. and 34 C.F.R. Part 300.

In accordance with IDEA, TEA has adopted procedures governing due process hearings related to the identification, evaluation, or educational placement of a child with a disability, or the provision of a free appropriate public education (FAPE). These procedures are set forth in 19 TAC §§ 89.1150–89.1191.

Prehearing and hearing procedures are specifically addressed in 19 TAC §§ 89.1180 and 89.1185.

The Texas Rules of Civil Procedure and the Texas Rules of Evidence apply to special education due process hearings, as modified by 19 TAC §§ 89.1150–89.1191.

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

Term Definition BAFO Best and Final Offer CMBL Centralized Master Bidders List Contractor Contractor refers to entities who desire to do business with TEA ESBD Electronic State Business Daily IDEA Individuals with Disabilities Education Act LEA Local Education Agency NIGP National Institute of Governmental Purchasing PAR Progress Assessment Report QAP Quality Assessment Plan

Response Response refers to content submitted by Contractors to TEA in response to this solicitation

SBOE State Board of Education TAC Texas Administrative Code 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.

TGC Texas Government Code VPTS Vendor Performance Tracking System

1.3. TEA Mission and Procurement Authority

TEA oversees primary and secondary public education in Texas. TEA’s mission is to improve outcomes for all public-school students by providing leadership, guidance, and support to school systems so that every child is prepared for success in college, career, or the military.

TEA has adopted a strategic plan consisting of four strategic priorities supported by five key actions. The current strategic plan is available on the TEA website at https://tea.texas.gov/about-tea/welcome-and-overview/tea-strategic-plan and may be updated from time to time.

This procurement supports TEA’s strategic plan by enabling the special education due process hearing program, which ensures compliance with federal and state special education laws and the provision of a free appropriate public education (FAPE) to all eligible students with disabilities.

This procurement is authorized under the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq.

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

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

1.4. Anticipated Schedule of Events

DATE EVENT

March 19, 2026 Publication of solicitation in the Electronic State Business Daily (ESBD) at:

http://www.txsmartbuy.gov/esbd Contractors must have an account at Euna Procurement (Bonfire) to submit a proposal to TEA.

March 26, 2026 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 Euna Procurement (Bonfire) portal

April 2, 2026 Final publication of questions and answers April 16, 2026 TEA preferred date to receive Notice of Intent to submit a proposal April 16, 2026 Proposal(s) due no later than 2:00 P.M. Central Time April — May

Proposal Check-In, Evaluations, and Oral Presentations (if required)

May 2026 Commencement of contract negotiations with selected contractor(s) June 2026 Anticipated start date of contract

1.5. Contract Term

The contract term is for a total of four 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.

1.6. Multiple Award Disclosure

Pursuant to Texas Government Code Section 2156.203, TEA intends to award multiple contracts from this solicitation. TEA reserves the right not to award a contract from this solicitation.

If multiple hearing officers are awarded contracts under this solicitation, TEA cannot guarantee the number of cases that will be assigned to a hearing officer. Cases will not be assigned to a hearing officer who is not currently licensed and in good standing to practice law in Texas.

1.7. Best Value Statement & Program Budget

Texas law requires state agencies to purchase goods and services that provide the best value to the state. In addition to price and whether the proposed services meet specifications, TEA will consider other factors relevant to providing best value pursuant to Texas Government Code Section 2155.074, including:

http://www.txsmartbuy.gov/esbd https://tea.bonfirehub.com/portal/?tab=openOpportunities

• the quality and reliability of the services;

• indicators of probable vendor performance under the contract such as past vendor performance, the vendor's financial resources and ability to perform, and the vendor's experience or demonstrated capability and responsibility; and

• other factors relevant to determining the best value for the state in the context of a particular purchase (see scoring criteria below).

Proposers are instructed to propose hourly rates for time spent performing the functions of a hearing officer that are reasonable, commensurate with their experience, and aligned with industry standards. The cap on fees is $280.00 per hour. Proposers may use the rate cap as their proposed hourly rate. However, proposers coming in below the rate cap will be given additional points during evaluations.

TEA has set the travel and training rates. The proposed budget and payments to a contractor must be based on satisfactory completion and TEA acceptance of deliverables.

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

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

A. Minimum Qualifications for Special Education Hearing Officers

1. Licensed to practice law in Texas and remain in good standing throughout the contract period; or licensed to practice law in another state at the time the proposal is submitted, and respondent must obtain a license to practice in Texas within nine months of contract execution (if a contract is awarded and executed), and then remain in good standing in Texas throughout the contract period;

2. At least 5 years of active practice and at least 3 years of experience in the areas of special education, school law, disability, administrative, constitutional, civil rights, and/or civil, criminal or administrative litigation;

3. Knowledge and understanding of the provisions of IDEA, federal and state regulations pertaining to IDEA, and legal interpretations of IDEA by federal and state courts;

4. Knowledge and ability to conduct hearings timely and in accordance with all applicable laws and appropriate, standard legal practice;

5. Knowledge and ability to render and write decisions timely and in accordance with all applicable laws and appropriate, standard legal practice; and

6. Demonstrate clarity of expression in a legal writing sample.

B. Compensation and Reimbursable Tasks

A hearing officer will be compensated at a negotiated hourly rate, unless otherwise indicated for the following tasks:

1. Up to three hours for actual time spent on the organization of files, papers, exhibits, or other documents for the preparation of the final file that will be returned to TEA.

2. Time expended traveling to and from hearings. In cases where return travel is delayed due to inclement weather, canceled flights, or other unforeseen circumstances, TEA will consider on a case-by-case basis and in accordance with state and TEA travel rules whether the hearing officer or mediator should be compensated for all the time expended because of the delay.

3. Attending TEA-sponsored training sessions for the actual time spent in training. Hearing officers will be reimbursed at the current state rates for transportation expenses for all TEA-sponsored training sessions. Lodging and meal expenses will only be reimbursed if the travel requires an overnight stay.

4. Hearing officers will not be compensated for time spent preparing billing invoices.

TEA will reimburse a hearing officer for certain expenses as provided below:

1. Copying costs will be reimbursed at 10 cents per page or the amount invoiced if service was contracted to another vendor, whichever is less.

2. Telephone and long-distance charges will be reimbursed at the actual cost incurred.

3. Facsimile (fax) costs will be reimbursed at 10 cents per page.

4. Translation and sign language interpreter costs, if required, will be reimbursed at a reasonable rate based upon usual and customary fees for such services. When possible, the contractor should obtain multiple estimates for these services.

5. An amount not to exceed $1,800.00 for tuition to attend TEA-approved seminars for continuing legal education (CLE) credit hours. The $1,800.00 limit applies to all contractors regardless of whether they serve as both a hearing officer and a mediator or serve in only one capacity. The transportation, lodging, and meal expenses related to attending seminars that fall within the $1,800.00 tuition cap will be reimbursed at the current state rate, except that TEA will only reimburse a contractor for the travel expenses for one out-of-state seminar per fiscal year. A contractor wanting to attend a seminar must seek TEA’s approval before the expiration of the early registration deadline, if any, or at least 30 days before the date on which the seminar begins. Tuition reimbursement for seminars offering an early registration discount will be limited to the amount of the early registration tuition.

1.9. Project Deliverables and Milestones

A. Job Requirements of Special Education Hearing Officers

1. The hearing officer must be independent and impartial. To ensure independence and impartiality, the hearing officer may not:

a. Be an employee of TEA or any public agency that is involved in the education or care of the student who is the subject of a hearing. In this regard, a person who otherwise qualifies to conduct a hearing is not a TEA employee solely because he or she is paid by TEA to serve as a hearing officer. In addition, the outside practice of law, the provision of legal training or mediator services to TEA or to an entity outside the State of Texas, or the provision of hearing officer services or consulting services to public agencies outside the state of Texas is not barred as long as it is permitted under this section and is compatible with the duties of a special education hearing officer.

Specifically, the hearing officer must maintain the ability to meet all legal and contractual timelines. Have a personal or professional interest that would conflict with his or her objectivity in a hearing; or

b. Represent, contract with, be employed by, or accept any remuneration from any individual or entity other than TEA (including, without limitation, any child, parent, teacher, administrator, school district, charter school, or regional education service center) in connection with any matter relating to or involving public education (including, without limitation, any matter arising under or relating to the Texas Education Code, IDEA, Section 504 of the Rehabilitation Act of 1973, and any other federal or state law, rule, or regulation relating to education).

2. The hearing officer must travel to the school district or charter school involved in a hearing if necessary to conduct an in-person hearing.

3. The hearing officer must arrange for the attendance of a TEA contracted court reporter to record verbatim testimony.

4. The hearing officer must arrange for any necessary translation or interpretation services.

5. TEA may assign or reassign all or part of a hearing to another hearing officer. In these situations, the hearing officers must work cooperatively with each other.

6. The hearing officer must possess, at his or her own expense, the necessary support and equipment to perform his or her duties. At a minimum, the hearing officer must have and maintain in good working order: (1) a telephone (monitored during business hours by an assistant, answering service, or answering system); (2) access to a fax machine; (3) a personal computer, with Internet service, running Windows and Microsoft Office compatible software and capable of supporting virtual hearings on Zoom for extended periods of time; (4) an electronic mail (email) address; and (5) access to an online legal research system.

7. The hearing officer must comply with the standards of neutrality, confidentiality, and conduct required by IDEA, the Family Educational Rights and Privacy Act (FERPA), and the State Bar of Texas Rules.

8. The hearing officer must organize and maintain individual case files along with detailed records of activity on each case, such as travel, administrative expenses, research, drafting of orders, decisions, and correspondence.

9. The hearing officer must comply with all legal and contractual timelines, including but not limited to the following:

a. Promptly after being assigned a case, the hearing officer shall schedule and hold a prehearing conference, unless the interests of justice require otherwise.

b. For hearings conducted under 34 C.F.R. §§300.507 through 300.513, the hearing officer shall render a final decision no later than 45 days after the expiration of the 30-day period under 34 C.F.R. §300.510(b), or the adjusted time periods described in 34

C.F.R. §300.510(c), unless the deadline for a final decision has been extended by the hearing officer at the request of a party as provided by 34 C.F.R. §300.515(c).

c. The hearing officer shall only permit extensions upon the request of a party and shall not grant an extension without a request from a party.

d. If an extension of time is granted, the hearing officer shall render a written order stating the good cause grounds for the extension and the specific date by which the final decision is due. The written order must be provided to the parties within one business day of the date on which it is rendered.

e. The hearing officer will email all orders extending the timeline for rendering a final decision and all dispositive orders (e.g., orders of dismissal, summary judgment orders, orders following a hearing, etc.), to TEA on the day that the order is rendered.

f. For hearings requested under 34 C.F.R. §300.532, the hearing officer shall conduct the hearing in an expedited matter within 20 school days of the date the complaint requesting the hearing is filed and rendering a decision within 10 school days after the hearing as provided by 34 C.F.R. §300.532(c). The hearing officer shall not grant any extensions of time in a hearing requested under 34 C.F.R. §300.532.

g. The hearing officer shall mail and email a signed and dated final written decision or any dispositive order to the parties on the date the decision or order is rendered.

h. The hearing officer shall mail and email the parties the “Due Process Hearing Questionnaire” along with any final written decision or any dispositive order that disposes of all of the issues in the hearing.

i. The hearing officer shall return organized and complete individual case files to TEA within 30 days of rendering a final decision or a dispositive order that disposes of all the issues in a hearing.

j. Upon notification that TEA has received a request for a document pursuant to TGC Chapter 552, the Texas Public Information Act, the hearing officer shall provide the relevant document to TEA immediately.

10. The hearing officer must prepare and submit to TEA by the 10th day of each month an invoice detailing the activities and expenses by case. Payment for services and reimbursement of expenses by TEA is further conditioned upon:

a. The hearing officer’s full compliance with all legal and contractual requirements applicable to special education due process hearings (including, without limitation, the specific requirements described in Section 1.8.B);

b. The reasonableness of the amount of time spent by the hearing officer on the case(s) for which he or she is seeking payment/reimbursement;

c. The hearing officer’s timely submission of reasonable and acceptable documentation supporting all expenses being claimed; and

d. The hearing officer’s prompt return to TEA of all file materials relating to closed cases.

11. The hearing officer must attend all training sessions held either virtually or in person by TEA

(typically two or three each fiscal year). This includes a full day training scheduled for October 20, 2026. In addition, the hearing officer must earn at least 10 hours of CLE in subject areas directly applicable to the duties of a hearing officer. An individual who serves as both hearing officer and a mediator, under separate contract with TEA, must earn at least 15 hours of CLE credit in subject areas directly applicable to the duties of both roles.

12. If a hearing officer has not previously served as a special education hearing officer for TEA, he or she must:

a. Attend orientation training required by TEA on September 28, 2026; and

b. Observe a special education due process hearing.

13. The hearing officer must comply with the decision format requirements set by TEA pursuant to the rules governing special education due process hearings. Specifically, decisions must meet the following requirements:

a. Contain correct grammar, punctuation, and spelling usage;

b. Include findings of fact that are clear and concise, supported by the evidence, and necessary to resolve an issue properly before the hearing officer;

c. Include conclusions of law that accurately apply the law to the findings of fact and that are necessary to resolve an issue properly before the hearing officer;

d. Include discussion to explain a rationale not otherwise apparent from the findings and conclusions; and

e. Include an order that rules on all requests for relief, and that does not require the parties to refer to any other part of the decision to implement the mandates in the order.

14. The hearing officer must provide updates on case activities for each case file in the manner specified by TEA, including but not limited to responding to emails from TEA staff in a timely manner.

15. The hearing officer and any of the hearing officer’s staff who will have access to Texas public school campuses must submit to a national criminal history record information review (including fingerprinting) and meet all eligibility standards and criteria set by TEA before serving in assignments on behalf of TEA. If an individual has not completed this requirement or the review results in a determination that the individual is not eligible for assignment, the contract will be terminated effective immediately or on the date of notice of non-eligibility, whichever is earliest.

16. The case files resulting from this contract are the property of TEA.

17. The hearing officer must agree to work with TEA staff so that the due process hearing system remains in compliance with IDEA and any other applicable laws.

18. The hearing officer must provide high-quality drafts of all submitted work products, including but not limited to Orders and communications with parties and TEA.

19. The hearing officer must provide timely responses (within one week) to all requests for feedback on your work product, as determined by TEA.

20. The hearing officer must provide timely responses (within 48 hours) regarding invoicing and related document requests.

21. The hearing officer must adhere to policies and procedures regarding use of confidential data and data collection procedures.

22. The hearing officer must adhere to policies and procedures regarding fingerprinting and criminal background checks prior to conducting any school visits, as applicable.

23. Under Section 231.006 of the Texas Family Code, the hearing officer certifies that he or she is not ineligible to receive the specified grant, loan, or payment, and acknowledges that the contract may be terminated, and payment may be withheld if this certification is inaccurate.

24. TEA, at its sole discretion, must approve in writing all individual hearing officers prior to them performing any work under this contract.

B. Case Assignments

There is no guarantee as to the number of cases that will be assigned to a hearing officer. TEA assigns cases in accordance with the process and subject to the exceptions identified in 19 TAC § 89.1170 . An exception to the assignment process may be, but is not limited to, when the parties to the hearing were involved in another hearing filed within the last 12 months or when a due process hearing request is filed that involves a sibling. In these situations, TEA may assign the hearing to the same hearing officer who presided over the previous hearing.

Considerations related to time restraints and caseload to ensure compliance with the applicable timelines may alter the assignment rotation. Cases will not be assigned to a hearing officer who is not licensed to practice law in Texas.

1.10. Collaboration

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

Awarded Contractor Responsibilities:

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

2. Participating in scheduled project meetings;

3. Working continuously on the project, including during summer months;

4. Adhering to the applicable state and federal law, including deadlines for work products;

5. Notifying TEA as soon as possible of project-related issues that negatively impact deadlines;

6. Producing high-quality drafts of all submitted work products, orders, communications, etc. with minimal typos and in alignment with applicable laws and contractual obligations;

7. Responding within 5 business days to all requests for feedback on case progress, case files, orders, etc.;

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

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

10. Immediately reporting actual or potential conflicts of interest to TEA.

TEA Responsibilities:

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

2. Collaborating with the awarded contractor(s) to address unforeseen developments, identify contract issues, and propose solutions;

3. Coordinating support and resources for the project;

4. Providing necessary data and documentation;

5. Monitoring the awarded contractor’s work product to ensure compliance with contract terms and relevant law;

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

7. Providing and coordinating feedback when deemed necessary;

8. Monitoring proper transmission and destruction of data.

1.11. 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:

• Services provided are included in the contract;

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

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

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/or 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;

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

• Reviewing contractor-prepared 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 contractors’ 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.

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. Proposal Format

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

Proposal Format and Requirements:

1. The contractor must download all files from Euna Procurement (Bonfire) under Public Files to prepare a submission.

2. Complete and upload all required documents listed under the Requested Information section in Euna Procurement (Bonfire).

3. 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., 2X- 0XX_CompanyName_Proposal).

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

5. 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 proposal are true and correct. Discovery of any false statement in the proposal may void the submitted proposal or any resulting contracts.

6. Contractors must submit proposals electronically via Euna Procurement (Bonfire).

2.2. Electronic Submission Process

Submission via EUNA Procurement (Bonfire)

TEA will only accept proposals using the Euna Procurement (Bonfire) electronic bidding portal as a secure electronic submission method. Please upload your submission at Texas Education Agency Euna Procurement (Bonfire) Portal. Proposals will not be accepted by email or facsimile.

Once uploaded, the Euna Procurement (Bonfire) platform will notify TEA of the upload.

Contractors will receive a submission confirmation number upon successful submission proposal. 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 the proposal 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 at the specified location in Euna Procurement (Bonfire)***

Intent to Submit Proposal

TEA requests contractors notify TEA as soon as possible of their intent to submit a proposal on the Euna Procurement (Bonfire) platform. Toggle the “Intent to Bid” checkbox in Euna Procurement (Bonfire) to confirm the intent to submit a proposal. Notifying TEA of an intent to submit a proposal in no way obliges a contractor to submit a proposal. Contractors 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.

Euna Procurement (Bonfire) Registration

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

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

Limited Contact Policy

Contractors must send all communications about this solicitation via Bonfire, Vendor Discussions Section at https://tea.bonfirehub.com.

TEA will not accept phone inquiries regarding this solicitation.

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 proposal 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 Euna Procurement (Bonfire) Opportunity Q&A. TEA will compile questions and related responses into one or more addenda documents and post them on the Euna Procurement (Bonfire) platform. It is the contractor’s responsibility to review any addenda documents before submitting.

Communication after the Proposal Due Date

Between the proposal due date and contract execution, TEA may communicate with contractors to:

https://tea.bonfirehub.com/ https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-registration https://customer.eunasolutions.com/public/s/knowledge-base/bonfire-hub/vendor-registration mailto:support.bonfire@eunasolutions.com https://tea.bonfirehub.com/

• Seek clarification regarding proposal(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. Proposal Requirements

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

Failure to formalize the terms of the proposal by signing the Contract Terms, Conditions and Affirmations, Purchasing Preferences (Texas Government Code Chapter 2155), and Execution of Offer (Attachment B) will result in disqualification of the offer contained within the proposal.

Contractors must carefully review and complete all forms within the solicitation.

TEA reserves the right to reject proposals and to negotiate portions thereof.

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

All proposals 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 proposal.

Texas Bidders Affirmation

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

Texas Public Information Act

Proposals 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 proposals received under this solicitation, contractors may have the opportunity to demonstrate that some or all their offer falls into one or more exceptions to disclosure. Contractors should indicate on the proposal cover if their submission contains proprietary information and identifies the specific sections within the proposal that are proprietary. It is not sufficient to mark every page as confidential; rather, contractors should identify specific information or sections as proprietary.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

Statement of Probability

TEA has determined that subcontracting opportunities are not probable in connection with this procurement. As a result, contractors will not be required to submit a Historically Underutilized Business Subcontracting Plan with their proposal.

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. Proposers must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to the submission of a proposal by the entity and its proposed subcontractors. The contractor must complete the Conflict of Interest Analysis Form in Attachment G. TEA will not accept information provided in other areas of the offer as satisfaction in lieu of full completion of the Attachment G form with the required attachments. TEA recommends the completed form and responsive attachments be incorporated into a separate and distinct section in the proposal. Failure to provide this information will result in disqualification from further consideration.

As part of this disclosure requirement, each proposal 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 proposal to disqualification.

For purposes of this disclosure requirement:

• “Past” means within the two calendar years prior to the deadline for submission of a proposal 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 proposals 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 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 proposal, 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, the contractor must provide a detailed explanation as to why the entity does or does not believe such an item poses a conflict of interest, potential conflict of interest, or appearance of impropriety relative to submission of a proposal, 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; position with the contractor; and date of employment with the contractor.

The contractor agrees that it has a continuing duty to supplement its proposal under this provision and that its 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 proposal. The contractor 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. Proposal Format and Content Contractors must submit proposals in the specified location, file type, and requirements listed on the Euna Procurement (Bonfire) portal. Forms requiring signatures must be signed (digital signatures or scanned ink signatures are both acceptable). Proposals may be deemed non-responsive if requested documents are not submitted. Proposals must also be submitted in a manner that does not carry any personal benefit or value to members of the evaluation team or other TEA staff.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.669.htm#669.003 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

Proposals must include a completed cover page questionnaire Attachment D: Proposal Cover Page and Questionnaire.

3.1. Requested Information

Proposals should be organized, indexed, and clearly labeled according to the contents below.

Euna Procurement (Bonfire) provides a Requested Information section to assist contractors with including all required information in their proposal and to assist the evaluation team during their review of the proposals. 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 proposal from consideration.

REQUESTED INFORMATION

Understanding of the Project, Methodology, and Technical Components

Section 3.2

Experience and Qualifications Section 3.3 Contract Terms and Conditions, Proposal Preferences, and Execution of Offer

Attachment B

Proposal Cover Page and Questionnaire Attachment D, Q-38BQ Rate Cap Attachment E Conflict of Interest Analysis Form including all attachments (i.e.

organization charts, resumes, etc.)

Section 2.5, Attachment G

Writing Sample Section 3.4

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

The proposal must communicate an understanding of skills and knowledge relevant to this project, organizational experience in the areas of the project. The proposal 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.

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

3.3. Experience and Qualifications

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

A. Evidence of the ability to perform the tasks described in this solicitation;

B. Number of years the respondent has provided the type(s) of services described in this solicitation;

C. Name and detailed resumé* of the proposed contractor who will provide the services indicated during the contract period, if awarded;

D. One to three references. The proposal must include a description of projects or tasks performed for each reference, including current contact information. For each reference provided, the proposal should include the:

1. Organization/Company name, point of contact with the current telephone number and email address;

2. Industry/subject focus or project description; and

3. Key milestones and deliverables.

i. If the respondent is not licensed to practice law in Texas, documentation of out-of-state licensure must be included in the proposal.

E. Page limit not to exceed 15 pages.

TEA may contact references to verify past performance such as:

• Quality of deliverables, methodology and timeliness/adherence to applicable laws;

• Business conduct and innovation; and

• Problem resolution and customer satisfaction.

Note: The contractor must also complete the Conflict of Interest Analysis Form (Attachment G.) TEA will not accept information provided in response to Section 3.3 as satisfaction in lieu of full completion of Attachment G and its required attachments. TEA recommends the completed form and responsive attachments be incorporated into a separate and distinct section in the proposal.

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

3.4. Writing Sample

Proposals must include a legal writing sample that is not more than 15 pages in length. Current hearing officers may submit a previously issued special education due process hearing decision.

Writing samples must not include any personally identifiable student information. Proposals that include personally identifiable student information may be disqualified.

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

3.5. Contractors Financial Capability

TEA may, at its sole discretion, require contractors to demonstrate financial capability to meet the requirements of this solicitation and any services proposed. TEA reserves the right to assess a contractor’s financial integrity and responsibility and may reject a proposal if the contractor is determined to lack financial soundness.

Upon request, contractors may be required to submit one of the following to assess financial viability:

• The most recent audited financial statements, including all schedules, footnotes, and management letters with findings and responses; or

• If audited statements are unavailable, unaudited financial statements compiled, reviewed, and attested to by an independent certified public accountant or certified public accounting firm.

For certain procurements, TEA may accept financial statements certified as accurate by the contractor’s chief financial officer.

Failure to provide requested financial information if requested will result in disqualification. In such cases, TEA may, in its sole discretion, pursue negotiations with another contractor.

4. Proposal Review and Evaluation

4.1. Proposal Review

TEA will review proposals as soon as practical after the proposal deadline. At its sole discretion, TEA may request contractors with the highest-scoring proposals to participate in oral presentations. In most cases, oral presentations will take place via video conference.