ESBD_565349_1791390999089_RFQ 7-981-002 Special Education Counsel Services_Submission 10.7.26.pdf

RFQ 7-981-002 Page 1 of 17

Texas School for the Deaf

Purchasing Department – Pease Bldg.

1102 S. Congress Avenue

Austin, TX 78704

REQUEST FOR QUALIFICATIONS

RFQ No. 7-981-002

Special Education Counsel Services

NIGP Class/Item(s): 961-49

RFQ Issue Date: October 7, 2026 Proposal Due Date: October 13, 2026; 3:00PM CST Anticipated Commencement Date November 1, 2026

Purchaser: David Rivera, Purchasing Manager, CTCD,CTCM purchasing@tsd.texas.gov

RFQ 7-981-002 Page 2 of 17

Table of Contents

SECTION I – GENERAL INFORMATION AND SCOPE OF WORK

1. INTRODUCTION

2. SOLICITATION METHOD AND INTENT

3. CONTRACT TERM

4. QUANTITIES

5. QUALIFICATIONS AND EXPERIENCE

6. SCOPE OF WORK

7. CONTRACTOR REQUIREMENTS

8. TSD RESPONSIBILITIES

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

10. CONTRACT ADMINISTRATION

11. INVOICING AND PAYMENT

12. PRE-SERVICE/PRE-EMPLOYMENT AFFIDAVIT

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

2. INQUIRIES

3. PROPOSAL CONTENT

4. PROPOSAL SUBMISSION

5. DELIVERY OF PROPOSALS

6. EVALUTION AND AWARD

EXHIBIT A – Execution of Proposal

EXHIBIT B – Price Sheet

EXHIBIT C – Company Profile

EXHIBIT D – Key Personnel

EXHIBIT E – Past Projects with Corresponding References

EXHIBIT F – Response Submission Checklist

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SECTION I – GENERAL INFORMATION AND SCOPE OF WORK

1. INTRODUCTION

1.1. Texas School for the Deaf (TSD), is seeking proposals from qualified persons or firms to provide the special education legal services described in this solicitation.

2. SOLICITATION METHOD AND INTENT

2.1. The Request for Qualifications (RFQ) solicitation method allows qualified respondents to submit a written proposal addressing pricing, qualifications, experience, location, availability, and other applicable factors that will be used to ensure successful completion of the requirements of services requested set forth in this RFQ.

3. CONTRACT TERM

3.1. Contract Term: The contract shall commence on November 1, 2026 and expire on August

31, 2027 unless sooner terminated under the terms of the contract.

3.2. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFQ shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified services, TSD may with written consent of the awarded contractor(s) extend the contract for a period of time not to exceed twelve (12) months.

Any extension shall be at the same terms and conditions, plus any approved and written changes.

3.3. Termination: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended, as provided in accordance with the contract terms and conditions.

3.3.1. Termination by Mutual Agreement: TSD and Contractor reserve the right to terminate this contract upon mutual written consent.

3.3.2. TSD in its sole discretion reserves the right to terminate any resulting contract for convenience with a thirty (30) day written notice to the Contractor.

3.3.3. TSD in its sole discretion reserves the right to terminate any resulting contract for cause with a fifteen (15) day written notice to the Contractor. Contractor is liable for any and all damages and costs incurred by TSD.

3.4. Amendments: The contract may be amended in writing by mutual consent of both parties.

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3.4.1. TSD reserves the right to administratively amend any resulting contract without the mutual consent of the Contractor.

4. QUANTITIES

4.1. Unless otherwise stated, the resulting contract award does not guarantee volume or commitment of funds. Quantities are estimates and shall be modified as required to provide special education counsel services.

5. QUALIFICATIONS AND EXPERIENCE

5.1. To be considered to provide services in accordance to this RFQ, respondent shall meet the following minimum criteria:

5.1.1. Shall be in the business categorized as a law-firm with expertise in special education law or similar, and have a minimum of five (5) years of professional experience providing such services.

5.1.2. Shall have provided services for a minimum of three (3) different contracts within the last five (5) years.

5.1.3. Shall have available all necessary personnel, skills, and qualifications required to fulfill all requirements set forth in this RFQ and any resulting contract.

5.2. Preferred experience:

5.2.1. Experience with projects similar in size and scope to the project described herein.

5.2.2. Experience with the deaf and hard of hearing community.

5.2.3. Experience with State of Texas Agencies and/or Texas School Districts.

5.3. Supporting Documentation: Respondent shall complete and submit Exhibit C – Company

Profile, Exhibit D – Key Personnel, Exhibit E – Past Projects with Corresponding References with response submission to provide documentation to support the above qualifications and experience. TSD reserves the right to be the sole judge in determining the sufficiency of the respondent’s resources and ability to perform the contract and provide the service.

6. SCOPE OF WORK

6.1. Contract shall represent TSD in special education and Section 504 cases before municipal, county, state, and federal courts.

6.2. Contractor shall represent TSD in any proceedings before special education hearing officers

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6.3. Contractor shall represent TSD in the following cases to include, but not limited to all special education employee or student-related proceedings before the Texas Education Agency, Office for Civil Rights, and other civil rights enforcement agencies.

6.4. Contractor will remain reasonably available to advise and consult with TSD regarding special education matters as they arise, including questions concerning student eligibility, evaluations, individualized education programs, placement, services, discipline, procedural requirements, parent communications, dispute prevention, and compliance.

6.5. When requested by TSD, the Contractor shall prepare for and represent the TSD at meetings of an admission, review, and dismissal committee (“ARD Committee”), including recess or reconvened meetings and related conferences or negotiations. The contractor’s participation may be in person or by telephone or videoconference, as authorized by TSD and permitted by applicable requirements.

6.6. If a special education dispute results in a request for a due process hearing, TSD may request that the Contractor to represent the TSD in that matter. Subject to the contractors confirmation of the engagement, completion of any required conflict review, and agreement regarding any matter-specific terms, the services may include:

a. evaluating claims and defenses;

b. advising TSD concerning resolution options and litigation strategy;

c. preparing or responding to notices, pleadings, motions, discovery, disclosures, witness examinations, exhibits, briefs, and other submissions;

d. representing TSD at resolution sessions, mediations, prehearing conferences, administrative hearings, and other proceedings before a special education hearing officer or administrative agency; and advising TSD concerning compliance with, or other action relating to, an administrative decision or settlement.

6.7. The contractor will provide services only when requested or authorized by the TSD’s Superintendent or General Counsel. The contractor will not expand the scope of its representation beyond this Section without TSD’s prior written approval. Unless separately agreed in writing, this engagement excludes legal services concerning matters outside special education, representation of any person or entity other than TSD, and proceedings other than those included above.

7. CONTRACTOR REQUIREMENTS

7.1. Contractor must have proven experience and expertise in representing school districts in special education and Section 504 litigation.

7.2. Contractor agrees to conduct all services under the awarded contract by and through appropriate communications with TSD. No services shall be undertaken by Contractor except with the prior written authorization by TSD. Contractor understands and agrees that

RFQ 7-981-002 Page 6 of 17 work and services provided without prior written authorization by TSD personnel shall be at Contractor’s exclusive risk.

7.3. Contractor shall provide service in accordance with requirements specified in this RFQ and the resulting contract(s) and adhere to TSD terms and conditions.

7.4. Contractor shall provide all labor, material, and equipment necessary and any other necessary or incidental need to successfully complete and provide services in accordance with the specifications contained in this RFQ and the resulting contract.

7.5. Contractor is responsible for all costs incurred in the performance of the contract.

7.6. Contractor shall comply with all laws, ordinances, statues and regulations as they pertain to the services requested in this RFQ.

7.7. Contractor shall obtain all permits, licenses or other authorization as may be required to fulfill the services requested in this RFQ.

7.8. Contractor shall not subject any person to discrimination on the grounds of race, color, national origin, religion, sex, age, disability or political affiliation.

7.9. Contractor and Contractor staff shall maintain all certification, registration, and / or licenses required by law to remain in good standing in the profession related to this RFQ for the duration of the contract.

7.9.1. Contractor must immediately notify TSD of any changes, including forfeiture of certifications, registration, or licenses during the term of this contract.

7.10. Contractor shall not enter into agreement with subcontractors without prior written approval of TSD. Subcontracts, if any, entered into by the Contractor will be in writing and subject to the requirements of this contract.

7.11. Attire Standards: Dress attire must be professional in nature, with contractor wearing appropriate external identification at all times on campus.

7.12. If any award issued from this RFP will total $1 million or greater in the initial award and/or inclusive of amendments, awarded Contractor will be required to complete and electronically file the Texas Ethics Committee Form 1295 in accordance with Texas Government Code 2252.908.

8. TSD RESPONSIBILITIES

8.1. TSD shall designate an internal point of contact to schedule all staffing requests upon contract award.

https://www.ethics.state.tx.us/filinginfo/1295/

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8.2. TSD shall furnish no labor, equipment or facilities unless otherwise explicitly stated in this

RFQ.

9. ADDING NEW SERVICES TO CONTRACT AFTER AWARD

9.1. Following the contract award, additional services of the same general category that could have been encompassed in the award of this contract and that are not already included in the contract may be added. A formal written request will be sent to the awarded Contractor to quote on the proposed additional services. Contractor shall submit proposals to TSD as instructed within Section II, Subsections 3-5 of this RFQ. All quotes are subject to negotiation with the Best and Final Offer.

9.2. TSD reserves the right to accept or reject any and all quotes for additional services and may issue a separate solicitation / award for the additional services requested.

10. CONTRACT ADMINISTRATION

10.1. TSD Purchasing Manager will serve as the contract administrator and contract manager of the resulting contract, if any from this RFQ.

11. INVOICING AND PAYMENT

11.1. Contractor shall submit all invoices to: Texas School for the Deaf, Accounts Payable, 1102 S. Congress Avenue, Austin, TX 78704 or accounts.payable@tsd.texas.gov

11.2. Invoice shall be submitted monthly and no more than thirty (30) days after services are provided, and at a minimum must include the following: Vendor name, TSD PO / Contract No., services being provided, dates of service, total cost.

12. PRE-SERVICE/PRE-EMPLOYMENT AFFIDAVIT

12.1. As required by Texas Education Code § 22A.055, Contractor agrees that all service providers, as defined in Texas Education Code § 22A.001(8), must submit a complete and accurate pre-service or pre-employment form to TSD. Submission of this affidavit is a condition precedent to the performance of any services. Contractor agrees that no service provider shall be permitted to work at TSD or have access to TSD students until the affidavit is submitted. Contractor acknowledges that TSD maintains the absolute discretion to terminate this Agreement, or to prohibit a specific service provider from providing services, based on any information disclosed in the affidavit or any omission therein.

mailto:accounts.payable@tsd.texas.gov

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SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

1.1. TSD intends to proceed according to the following schedule. These dates represent a tentative schedule of events; however, TSD reserves the right to change the dates in the schedule of events upon written notification to prospective Respondents via email and through a posting on the Electronic State Business Daily as an addendum.

RFQ Issue Date: October 7, 2026 Proposal Due Date: October 13, 2026; 3:00PM CST Anticipated Commencement Date October 16, 2026

2. INQUIRIES

2.1. Contact: All requests, questions, or other communications about this solicitation shall be made in writing to TSD’s Purchasing Department, addressed to the following person:

David Rivera, Purchasing Manager

Email: purchasing@tsd.texas.gov

2.2. Responses to any submitted questions shall be made via email for clarification.

3. PROPOSAL CONTENT

3.1. General Response Format Option 1 (mailed submission): Respondent shall submit one (1) proposal signed in ink. Response shall be on 8-1/2 x 11-inch paper and tax-indexed corresponding to the sections/exhibits listed below. Spine-bound submissions are highly discouraged.

3.2. General Response Format Option 2 (electronic submission): Respondent shall submit one

(1) proposal signed in ink or digital signature. Response shall be on 8-1/2 x 11-inch paper and include a working table of contents corresponding to the sections/exhibits listed below.

3.3. Required Response Content: Respondent must include the following documentation with their response submission. Failure to submit with response will result in disqualification of the proposal.

3.3.1. Exhibit A – Execution of Proposal

3.3.2. Exhibit B – Price Sheet

3.3.3. Exhibit C – Company Profile

3.3.4. Exhibit D – Key Personnel

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3.3.5. Exhibit E – Past Projects

3.4. Additional Response Content: Respondent shall include the following documentation with their response submission or within one business day of TSD request. Failure to submit this additional documentation by TSD deadline may disqualify respondent’s proposal submission.

3.4.1. Addenda: Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. The Respondents should include the signed and dated addendum(s) with their response submission.

4. PROPOSAL SUBMISSION

4.1. All proposals shall be received and date / time stamped by TSD Purchasing personnel prior to 3:00PM Central Time on the date specified in Section II, Subsection 1, and the place specified in Section II, Subsection 5. Late proposals will not be considered.

4.2. Proposals shall be electronically mailed and identified with the correct RFQ number, submittal deadline and time. It is the Respondent’s responsibility to appropriately mark and deliver the proposal to TSD by the specified date.

4.3. Receipt of any addenda to this RFQ should be acknowledged by returning a signed copy of each addendum to the response.

4.4. Respondents to this RFQ are responsible for all costs of proposal preparation.

4.5. Proposals shall be submitted to TSD Purchasing Department, as noted in Section II, Subsection 5 below.

4.6. Telephone and facsimile proposals are not an acceptable response to an RFQ.

4.7. All submitted proposals become the property of TSD after the RFQ submittal deadline.

Responses shall constitute an offer for a period of ninety (90) days or until selection is made by TSD, whichever is earlier.

5. DELIVERY OF PROPOSALS

5.1. Proposals shall be submitted to TSD by one of the following methods:

U.S. Postal Service Overnight/Express Mail Hand Delivery

Attn: Purchasing Manager 1102 S. Congress Avenue

Austin, TX 78704

Texas School for the Deaf Attn: Purchasing Manager 1102 S. Congress Avenue

Austin, TX 78704

Texas School for the Deaf Pease Building – Basement Floor

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Electronic Mail Texas School for the Deaf Attn: Purchasing Manager purchasing@tsd.texas.gov

Note: Proposals must be date stamped in TSD’s Purchasing Department prior to due date and time

6. EVALUTION AND AWARD

6.1. Step 1 – Administrative Review: Only complete responses with the required submission documents will be considered. Failure to meet the minimum qualifications and submit the required documentation will result in a response being declared non-responsive. TSD reserves the right to reject any or all proposals, and to waive informalities and minor irregularities in proposals received. No proposal received in TSD’s Purchasing Department after the exact date and time specified as the deadline to responses will be considered.

6.2. Step 2 – Evaluation: TSD will establish an evaluation committee and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses to this RFQ will be evaluated according to the Respondent’s ability to best satisfy TSD requirements. Respondent’s submission is evaluated and scored on a weighted system outlined below:

Evaluation Criteria Weight Compensation and Fees (based on Exhibit B) 20% Qualifications & Experience (based on Exhibits C, D, & E) 80%

Total 100%

6.3. Award: TSD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TSD and the State in performance of this service. TSD will be the sole judge of value.

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EXHIBIT A – Execution of Proposal

NOTE: RESPONDENTS SHALL COMPLETE AND RETURN THIS EXHIBIT WITH THEIR PROPOSAL.

Failure to do so will result in disqualification of the proposal.

RESPONDENT (COMPANY/FIRM): ___________________________________________________

SIGNATURE: _____________________________________________________________________

NAME (TYPED/PRINTED): __________________________________________________________

TITLE: ____________________________________ DATE:_________________________________

STREET:_________________________________________________________________________

CITY/STATE/ZIP:__________________________________________________________________

TELEPHONE NO.:_________________________________________________________________

E-MAIL ADDRESS: ________________________________________________________________

TEXAS IDENTIFICATION NUMBER (TIN):______________________________________________

In case of a tie between two (2) or more respondents, the award will be made in accordance with preferences as outlined in TAC, Title 34, Part 1, Chapter 20, Subchapter C, Section 20.306.

Offered by a Veteran Heroes United in Business (VetHUB) certified by the Texas Comptroller of Public Accounts

PREFERENCES

See Appendix 21 of the State of Texas Procurement and Contract Management Guide regarding preferences.

Check below to claim a preference under 34 TAC Rule 20.38

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

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EXHIBIT B – Price Sheet

Respondent Name:

NOTE: RESPONDENTS SHALL COMPLETE AND RETURN THIS EXHIBIT OR REASONABLE FACSIMILE

WITH THEIR PROPOSAL. Failure to do so will result in disqualification of the proposal.

Respondents are requested to provide hourly pricing per personnel title / job function.

Hourly Rate per Job Title / Function

Title of Personnel Hourly Rate

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EXHIBIT C – Company Profile Respondent shall use this exhibit or reasonable facsimile to clearly demonstrate how they meet the requirements set for in this RFQ. Failure to return this exhibit or reasonable facsimile may result in the response submission being considered non-responsive.

Company Name Corporate Headquarters

Address City, State, Zip Facility Responsible for servicing contract:

Address:

City, State, Zip:

Contact Person Regarding Company’s Submission:

Name & Title

Phone & Email Address

Personnel who will be responsible for management and day-to-day operation of services

Name & Title

Phone & Email Address

Has your company or any of its subsidiaries filed or met criteria for bankruptcy within the last 5 years?

Has your company or any of its subsidiaries been involved in litigation within the last 5 years?

Number of years in business: Number of employees:

Provide description of industry certifications, if applicable

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EXHIBIT D – Key Personnel

Respondent Name:

Respondents shall provide a Key Personnel profile – tabbed Exhibit D, for each key personnel to be assigned under the resulting contract. Key personnel include: supervisor and service provider(s). Include all requested information for each key personnel. Submit Exhibit E, reasonable facsimile, or resume - not to exceed 1 page for each key personnel. Failure to return this exhibit, reasonable facsimile, or resume may result in proposal being considered non-responsive.

Key Personnel:

Full Name: __________________________________________________________________________

Job Title: __________________________________________________________________________

Total Years Employed by Respondent: ________ Total Years’ Experience (in required service): ________

Qualifications and Experience: __________________________________________________________

Specific Education, Training, Certifications: ________________________________________________

Personnel - Reference 1:

Company Name: _______________________________________________________________________

Contact/Title: _______________________________________________________________________

Phone: ___________________________ Service Period: __________________________________

Roles and Responsibilities: _______________________________________________________________

Personnel - Reference 2:

Company Name: _______________________________________________________________________

Contact/Title: _______________________________________________________________________

Phone: ___________________________ Service Period: __________________________________

Roles and Responsibilities: _______________________________________________________________

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EXHIBIT E – Past Projects with Corresponding References

Respondent Name:

Respondent shall use this exhibit or reasonable facsimile to provide a minimum of three (3) past project with corresponding references for projects completed in the past five (5) years that illustrate experience in successfully completing work of a similar scope as the work outlined in this RFQ. Failure to return this exhibit or reasonable facsimile may result in proposal being considered non-responsive.

Reference 1:

Company Name:

Company Address:

Contact Name/Title:

Phone/Email Address:

Service Period: Cost:

Brief Project Description:

Reference 2:

Company Name:

Company Address:

Contact Name/Title:

Phone/Email Address:

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Reference: 3

Company Address:

Contact Name/Title:

Phone/Email Address:

Reference 4:

Company Address:

Contact Name/Title:

Phone/Email Address:

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EXHIBIT F – Response Submission Checklist

The following checklist is provided for the convenience of Respondent’s in their preparation process;

however, Vendors are still responsible for ensuring that all mandatory requirements for this RFQ are met, even if they are not included in this checklist. The mandatory documentation must be submitted with the original and each copy of the response.

TSD will review all responses to ensure compliance with the mandatory response contents as specified in Section II, Subsection 3 of the RFQ and reject any response that does not comply.

ALL RESPONSES MUST BE RECEIVED BY TSD ON OR BEFORE 3:00 PM (CST) on October 13, 2026.

NO LATE RESPONSES WILL BE CONSIDERED.

Item Check Hard Copy Submission (Option 1):

Texas School for the Deaf Attn: David Rivera, Purchasing Manager, CTCD, CTCM Purchasing Department – Pease Bldg.

• External packaging referencing “RFQ 7-981-002”

• Package contains one (1) signed original clearly marked as such of the complete response

• Package contains one (1) additional paper copy of the complete response

Response cover page references “RFQ 7-981-002” and includes the name and address of responding vendor

Email Submission (Option 2):

• Email Subject References “RFQ 7-981-002” and includes the name of responding vendor Attachment contains one (1) PDF file labeled “RFQ 7-981-002” and includes the name of the responding vendor

Mandatory Response Contents Exhibit A – Execution of Proposal Exhibit B – Price Sheet Exhibit C – Company Profile Exhibit D – Key Personnel Exhibit E – Past Projects with Corresponding References

Additional Response Contents Addenda – Acknowledge receipt of all addenda issued to this RFQ by returning a signed copy of each addendum.