RFP_2025-31_Mediation.pdf

STATE OF WASHINGTON

OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

OLYMPIA, WASHINGTON

PRE-BID CONFERENCE: 2:00 p.m., Pacific Time (PT) on June 25, 2025

PROPOSAL DUE DATE: 3:00 p.m., Pacific Time (PT) on July 9, 2025

ESTIMATED CONTRACT PERIOD: September 1, 2025, through September 30, 2026.

Amendments extending the period of performance, if any, shall be at the sole discretion of OSPI.

CONSULTANT ELIGIBILITY: This solicitation is open to those Consultants who satisfy the minimum qualifications stated herein and that are available for work in Washington State.

SUBMIT PROPOSAL TO: contracts@k12.wa.us

All communications concerning this RFP must be directed only to the RFP Coordinator via email.

Any other communication will be considered unofficial and non-binding on OSPI. Consultants are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Consultant.

This RFP is available at the Office of Superintendent of Public Instruction (OSPI) website and at the Department of Enterprise Services, Washington Electronic Business Solution (WEBS)

Procurement website. All RFP amendments and/or Consultant questions and OSPI answers will be posted to these sites. All interested Consultants must be registered with WEBS under the following commodity codes to receive automatic notifications: 961-05: Arbitration, Mediation, and Alternative Dispute Resolution Services; 924-74: Special Education; and 918-74: Legal

Consulting.

OSPI, and its contractors and subcontractors, must not discriminate in any programs or services based on sex, race, creed, religion, color, national origin, age, marital status, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal by a person with a disability, and must comply with state and federal nondiscrimination laws, including Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the

Americans with Disabilities Act, and Title VI of the Civil Rights Act of 1964. Questions and complaints of alleged discrimination should be directed to the Equity and Civil Rights Director at 360-725-6162/TTY: 360-

664-3631; or P.O. Box 47200, Olympia, WA 98504-7200; or equity@k12.wa.us.

Request for Proposals No. 2025-31

Special Education Mediation System mailto:contracts@k12.wa.us https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://des.wa.gov/sell/how-work-state https://des.wa.gov/sell/how-work-state mailto:equity@k12.wa.us

RFP No. 2025-31 Page 2 of 65

Rev. 05/24

Table of Contents

Section A. SCOPE & REQUIREMENTS

A.1. DEFINITIONS

A.2. PURPOSE OF REQUEST FOR PROPOSALS

A.3. BACKGROUND

A.4. OBJECTIVE AND SCOPE OF WORK

A.5. BIDDER QUALIFICATIONS

A.6. PERIOD OF PERFORMANCE

A.7. FUNDING

A.8. AMERICANS WITH DISABILITIES ACT

Section B. GENERAL INFORMATION FOR BIDDERS

B.1. RFP COORDINATOR

B.2. QUESTIONS & ANSWERS

B.3. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

B.4. PRE-BID CONFERENCE

B.5. COMPLAINT PROCEDURE

B.6. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

B.7. ADDENDUMS AND AMENDMENTS TO THE RFP

B.8. SMALL BUSINESS, MINORITY & WOMEN’S BUSINESS ENTERPRISES (MWBE),

AND VETERAN-OWNED BUSINESS PARTICIPATION

B.9. ETHICS, POLICIES, & LAW

B.10. ACCEPTANCE PERIOD

B.11. RESPONSIVENESS

B.12. MOST FAVORABLE TERMS

B.13. CONTRACT AND GENERAL TERMS & CONDITIONS

B.14. COSTS TO PROPOSE

B.15. NO OBLIGATION TO CONTRACT

B.16. REJECTION OF PROPOSALS

B.17. COMMITMENT OF FUNDS

RFP No. 2025-31 Page 3 of 65

B.18. STATEWIDE VENDOR PAYMENT REGISTRATION

B.19. WASHINGTON STATE BUSINESS REGISTRATION

B.20. INSURANCE COVERAGE

Section C. PROPOSAL CONTENTS

C.1. SUBMISSION OF PROPOSALS

C.2. PROPOSAL OVERVIEW

C.3. LETTER OF SUBMITTAL

C.4. TECHNICAL PROPOSAL

C.5. MANAGEMENT PROPOSAL

C.6. COST PROPOSAL

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

D.2. EVALUATION AND SCORING

D.3. REFERENCE CHECKS

D.4. INTERVIEW/DEMONSTRATION

D.5. SELECTION OF APPARENT SUCCESSFUL BIDDER

D.6. NOTIFICATION TO BIDDERS

D.7. DEBRIEFING OF UNSUCCESSFUL BIDDERS

D.8. PROTEST PROCEDURE

D.9. ADDITIONAL AWARDS

Section E. RFP EXHIBITS

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D

EXHIBIT E

EXHIBIT F

EXHIBIT G

EXHIBIT H

EXHIBIT I

RFP No. 2025-31 Page 4 of 65

Section A. SCOPE & REQUIREMENTS

This section describes the purpose of the RFP and provides information about this procurement, including the potential scope of the opportunity and requirements.

A.1. DEFINITIONS

Definitions for the purposes of this RFP include:

Agency or OSPI – The Washington State Office of Superintendent of Public Instruction; the entity issuing this RFP.

Amendment – A unilateral change to the Solicitation that is issued by OSPI at its sole discretion and posted on WEBS and OSPI’s website.

Apparent Successful Bidder (ASB) – A Bidder submitting a response to this Solicitation that is evaluated and is identified and announced by OSPI as providing the best value to the Agency.

Upon execution of a Contract, the ASB is referred to as the successful Bidder or the Contractor.

Bid – An offer, proposal, or quote for goods or services submitted in response to this RFP.

Bidder – Individual organization, public or private agency submitting a proposal to attain a contract with OSPI. For purposes of this Solicitation, the terms Bidder, Consultant, and Vendor are interchangeable.

Competitive Solicitation – A documented formal process providing an equal and open opportunity to Bidders or Consultants culminating in a selection based on predetermined criteria.

Complaint – A process that may be followed by a Consultant prior to the deadline for bid submission to alert OSPI of certain types of asserted deficiencies in the Solicitation.

Consultant – Individual organization, public or private agency submitting a proposal to attain a contract with OSPI. For purposes of this Solicitation, the terms Bidder, Consultant, and Vendor

Contractor – Individual or company whose proposal has been accepted by OSPI and is awarded a fully executed, written contract.

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Debriefing – A short meeting an unsuccessful Bidder may request with the Coordinator following the announcement of the Apparent Successful Bidder for the purpose of receiving information regarding the review and evaluation of that Bidder’s Response.

Fiscal Year – In Washington State, a 12-month period extending from July 1 of one calendar year to June 30 of the next calendar year.

Proposal – A formal offer submitted in response to this RFP.

Proprietary Information – Information such as patents, technological information or other related information that the Bidder or Consultant does not want released or shared with the public.

Protest – A process that may be followed by a Bidder after the announcement of the Apparent

Successful Bidder to alert OSPI to certain types of alleged errors in the evaluation of the

Solicitation.

Request for Proposals (RFP) – Formal procurement document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFP is to permit the consultant community to suggest various approaches to meet the need at a given price.

RCW – The Revised Code of Washington.

Responsible Bidder – An individual, organization, public or private agency, or other entity that has demonstrated the capability to meet all the requirements of the Solicitation and meets the elements of responsibility. (See RCW 39.26.160 (2))

Responsive Bidder – An individual, organization, public or private agency, or other entity who has submitted a Bid that fully conforms in all material respects to the Solicitation and all its requirements, in both form and substance.

RFP Coordinator – An individual or designee who is employed by OSPI and who is responsible for conducting this Solicitation.

Solicitation – A formal process providing an equal and open opportunity for Bidders culminating in a selection based upon predetermined criteria.

Subcontractor – An individual or other entity contracted by a Consultant to perform part of the services or to provide goods under the Contract resulting from this Solicitation. Subcontractors, if allowed, are subject to the advance approval of OSPI.

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Vendor – Individual organization, public or private agency submitting a proposal to attain a contract with OSPI. For purposes of this Solicitation, the terms Bidder, Consultant, and Vendor

WEBS – Washington’s Electronic Business Solution, the Consultant notification system found at

Washington Electronic Business Solution (WEBS) Procurement website and maintained by the

Washington State Department of Enterprise Services. Consultants are encouraged to register with WEBS to receive automatic notifications about this and other procurements.

A.2. PURPOSE OF REQUEST FOR PROPOSALS

The purpose of this Competitive Procurement is to receive competitive bids to evaluate and, as appropriate, award a Contract for the Office of Superintendent of Public Instruction (OSPI) to procure goods and/or services as set forth herein. Pursuant to Washington’s Procurement Code for Goods and Services, RCW chap. 39.26, state agency purchases of goods and services must be based on a competitive solicitation.

Therefore, OSPI is initiating this Request for Proposals (RFP) to solicit proposals from

Consultants interested in participating on a project to administer, as the Superintendent’s agent, an accessible and culturally and linguistically responsive statewide system of special education mediation, in compliance with the Individuals with Disabilities Education Act (IDEA) and

Washington state special education regulations found in Washington Administrative Code

(WAC) Chapter 392-172A. In addition, the Contractor shall administer a statewide Individualized

Education Program (IEP) Meeting Facilitation Project.

A.3. BACKGROUND

Led by Superintendent Chris Reykdal, OSPI is the primary agency charged with overseeing public

K–12 education in Washington state. Working with the state's two hundred ninety-five (295) public school districts, eight (8) state-tribal education compact schools, and public charter schools, OSPI allocates funding and provides tools, resources, and technical assistance so every student in Washington is provided a high-quality public education.

Each state is required to establish, implement, and maintain procedural safeguards related to mediation. In Washington, the Special Education Division of the Office of Superintendent of

Public Instruction (OSPI) established a mediation system in September of 1994 to resolve disagreements via mediation regarding educational programs for students served under the

Individuals with Disabilities Education Act (IDEA). While states are not required to provide facilitated IEP meeting services, OSPI added this service in 2011. The intent of this statewide special education mediation and facilitations system is to offer, at no cost to parents and school districts, a process to resolve disagreements regarding special education services for students with disabilities. Mediation must be available to parents and school districts to resolve disputes https://fortress.wa.gov/ga/webs/ https://app.leg.wa.gov/wac/default.aspx?cite=392-172A-04115

RFP No. 2025-31 Page 7 of 65 about any matters under Part B of the IDEA. Mediation is available at no cost to the parties and participation by either party is voluntary.

More information about OSPI’s current mediation and facilitation system can be found at:

• Request a Mediation Webpage

• Request a Facilitation Webpage

• Sound Options Group Webpage

A.4. OBJECTIVE AND SCOPE OF WORK

A.4.i. Objective: Administer, as the Superintendent’s agent, a statewide system of special education mediation, in compliance with the IDEA and State implementation regulations in Washington Administrative Code (WAC) 392-172A-05060 through -

05075, including regulations related to confidentiality and meditator training and neutrality. In addition, the Contractor shall manage the statewide IEP meeting facilitation project. The mediation and facilitation system should be culturally and linguistically responsive, accessible, designed to the diverse student, family, and educator populations in Washington.

Mediation must be available to parents and school districts to resolve disputes about any matters under Part B of the IDEA. Mediation must be available at no cost to the parties.

A.4.ii. Scope of Work: Scope of Work: Administer a statewide mediation and IEP facilitation system, operated in compliance with relevant state and federal requirements. This will include, but may not be limited to, developing, implementing, and maintaining:

• A system for requesting mediation and IEP facilitation, and information about those resources.

• An intake system for timely processing mediation and IEP meeting facilitation requests, coordinating logistical decisions about the time and location of mediation sessions and IEP meeting facilitations, including communicating LEA responsibilities around scheduling to the LEA.

• Provision of mediation and facilitation in a timely and accessible manner and in a location convenient to the parties.

• Provision of interpreter services, using a vendor from the in support of intake and mediations with non-English speaking participants. Interpreter services are provided by the LEA during facilitated IEP meetings.

• A website that includes information on IEP meeting facilitation and mediation.

• Creation and translation of program documentation in support of IEP Facilitation and Mediation, such as brochures describing the mediation and IEP team meeting facilitation processes meeting Accessibility Guidelines.

https://ospi.k12.wa.us/student-success/special-education/dispute-resolution/request-mediation https://ospi.k12.wa.us/student-success/special-education/dispute-resolution/request-facilitation https://somtg.com/our-services/conflict-intervention/

RFP No. 2025-31 Page 8 of 65

• A list of qualified contract mediators to Superintendent and the public, and system for assignment by the Contractor on a random, rotational, or otherwise impartial basis.

o Mediators must be trained in effective mediation techniques and knowledgeable about special education laws and regulations. Training of mediators shall occur at least annually.

• A list of IEP team meeting facilitators.

• Mediation agreement forms, updated as needed, meeting 508 accessibility requirements, and any other forms that may be required in accordance with IDEA or to implement the contract requirements

• A monthly reimbursement system for mediators and IEP meeting facilitators.

• Review existing mediation manual outlining the mediation system, process, and procedures, and offer recommendations annually.

• A system for offering parties an opportunity to complete an evaluation of the mediation session or IEP meeting facilitation at mediations and IEP meeting facilitations.

• Regularly scheduled meetings with OSPI and notification of any concerns regarding the mediation system.

• The provision of regular mediation and facilitation data and client evaluations on a quarterly basis to OSPI.

A.4.iii. Accessibility & Branding Requirements:

All documents, videos, audio records, presentations, or other deliverables required under the resulting Contract shall be produced in format, compliant with the Americans With

Disabilities Act and follow the Web Content Accessibility Guidelines (WCAG) 2.0, OSPI’s formatting standard specified in Exhibit G – OSPI Americans with Disabilities Act

Compliance: Graphics and Colors, OSPI’s Brand Use Policy, OSPI’s Style Guide, and OSPI’s

Videography Style Guide which are hereby incorporated by this reference. For narrative or documentary style videos required under the resulting Contract, the final product and all raw footage shall be mailed to the OSPI Communication and Digital Media office on a hard drive furnished by the Contractor. In the event that the deliverables are not compliant, OSPI may require Contractor to promptly make modifications that will make the deliverables compliant. Additionally, OSPI shall have the right to modify or copy the deliverables in order to make them accessible and/or compliant.

A.5. BIDDER QUALIFICATIONS

Minimum Qualifications:

• Licensed to do business in the State of Washington. If not licensed, provide a written intent to become licensed in Washington within thirty (30) calendar days of being selected as the Apparent Successful Bidder.

• Experience in alternative dispute resolution, mediation, conflict resolution, etc.

https://www.w3.org/WAI/WCAG20/glance/ https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/Agency-Brand-Use-Policy.pdf https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/StyleGuide.pdf https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/OSPI-Videography-Guidelines.pdf https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/OSPI-Videography-Guidelines.pdf

RFP No. 2025-31 Page 9 of 65

• Expertise in special education law (IDEA, federal and state implementing regulations), processes, and procedures and specifically, IDEA and Washington state requirements for mediation.

• Demonstrated business infrastructure to create and maintain a statewide mediation and IEP facilitation system.

Consultants who do not meet these minimum qualifications will be rejected as non-responsive and will not receive further consideration. Any proposal that is rejected as non-responsive will not be evaluated or scored.

Desirable Qualifications:

• Experience working with diverse populations.

• Experience as a neutral facilitator or mediator.

A.6. PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about September 1, 2025, and end on or about September 30, 2026. The option to extend any contract resulting from this procurement shall be at the sole discretion of OSPI.

As such, OSPI reserves the right to amend to extend the contract for three (3) additional contract years through 2026-27, 2027-28, and 2028-29. Decision to amend shall be based on sustained satisfactory performance as decided by the Contract Manager, successful completion of project objectives, and availability of funding. If OSPI provides a renewal notice to the Contractor, the

Contractor shall be obligated to enter into a contract with the same fiscal obligations as the previous Contract year, provided that OSPI and Contractor shall negotiate any revision of additional services or goals beyond those encompassed in the previous Contract.

Additional services that are appropriate to the scope of this RFP, as determined by OSPI, may be added to the resulting contract by a written amendment mutually agreed to and executed by both parties.

A.7. FUNDING

OSPI has budgeted an amount not to exceed four hundred thousand dollars ($400,000) for the initial term of this project; however, OSPI does not represent or guarantee any minimum purchase from the resulting contract. Proposals in excess of this amount will be rejected as non-responsive and will not be evaluated.

Any applicable mileage, meals, lodging, or other travel-related expenses, will be reimbursed in accordance with Washington State travel regulations established by the Office of Financial

Management.

http://www.ofm.wa.gov/policy/10.htm

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Any contract awarded is contingent upon the availability of funding. Bidders are encouraged to provide their most favorable and competitive cost estimate to perform the work.

One hundred percent (100%) of the funds proposed for this project will be funded using Federal money provided by Catalog of Federal Domestic Assistance number 84.027-A (Award

H027A240074). The selected contractor must therefore comply with Federal Grant Terms and

Conditions.

A.8. AMERICANS WITH DISABILITIES ACT

OSPI complies with the Americans with Disabilities Act (ADA). Consultants may contact the RFP

Coordinator to receive this Request for Proposals in an alternative format.

RFP No. 2025-31 Page 11 of 65

Section B. GENERAL INFORMATION FOR BIDDERS

This section describes the procurement timeline and includes useful information for Bidders such as procurement procedure and state requirements.

B.1. RFP COORDINATOR

The RFP Coordinator is the sole point of contact in OSPI for this procurement. All communication between the Consultant and OSPI upon receipt of this RFP shall be with the RFP Coordinator, as follows:

Contact Information

Name: Kyla Moore

Address:

600 Washington Street South

PO Box 47200

Olympia, WA 98504-7200

Email Address: contracts@k12.wa.us

B.2. QUESTIONS & ANSWERS

Any questions or communications concerning this RFP must be directed only to the RFP

Coordinator noted in Section B.1. Questions and/or inquiries must be sent via email and should include the RFP number. Consultants are to rely on written statements issued by the RFP

Coordinator. Communication directed to parties other than the RFP Coordinator will be considered unofficial and non-binding on OSPI, and may result in disqualification of the

Consultant. Answers or other applicable addenda will be posted to OSPI and WEBS in accordance with the schedule in Section B.3.

Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow OSPI to consider and, if warranted, respond to the inquiry. If a

Bidder does not notify the Procurement Coordinator of an issue, exception, addition, or omission, such matter may be considered to be waived by the bidder for protest purposes.

mailto:contracts@k12.wa.us

RFP No. 2025-31 Page 12 of 65

B.3. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Action Date

OSPI issues RFP 6/12/2025

Question and Answer (Q&A) period 6/12-6/30/2025

OSPI hosts Pre-Bid Conference 6/25/2025 at 2:00 p.m. PT

Last date to submit questions regarding RFP 6/30/2025

Complaints due 7/1/2025

OSPI posts final Q&A Addendum and Pre-Bid Conference

Q&A, or Amendment (if necessary) 7/2/2025

Proposals due 7/9/2025 at 3:00 p.m. PT

OSPI conducts evaluation of written proposals 7/10-7/23/2025

OSPI conducts oral interviews with finalists (if determined necessary by OSPI) 7/23/2025

OSPI announces “Apparent Successful Bidder” and sends notification to unsuccessful Bidder(s) 7/24/2025

OSPI conducts debriefing conferences (if requested) As requested, per debriefing instructions

Contract negotiation begins 7/25/2025

Anticipated contract start date 9/1/2025

OSPI reserves the right to revise the above schedule.

B.4. PRE-BID CONFERENCE

A pre-bid conference is scheduled to be held on June 25, 2025, at 2:00 p.m. PT. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have.

The pre-bid conference will be held virtually: https://us02web.zoom.us/j/84574747239

All prospective Consultants should attend; however, attendance is not mandatory. Written questions may be submitted in advance to the RFQQ Coordinator. OSPI shall be bound only to written answers to questions. Any oral responses given at the pre-bid conference shall be considered unofficial until OSPI releases a written copy of the questions and answers from the pre-bid conference. A copy of the questions and answers in the form of an Addendum will be published on the OSPI website and released on WEBS under the commodity code(s) listed on the cover page of this RFQQ within five (5) business days of the pre-bid conference.

Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

https://us02web.zoom.us/j/84574747239 https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements

RFP No. 2025-31 Page 13 of 65

OSPI has the right to cancel or stop the pre-bid conference if no interested bidders join within thirty (30) minutes of the start.

All prospective Consultants should attend; however, attendance is not mandatory. Written questions may be submitted in advance to the RFP Coordinator. OSPI shall be bound only to written answers to questions. Any oral responses given at the pre-bid conference shall be considered unofficial until OSPI releases a written copy of the questions and answers from the pre-bid conference. A copy of the questions and answers in the form of an Addendum will be published on the OSPI website and released on WEBS under the commodity code(s) listed on the cover page of this RFP within five (5) business days of the pre-bid conference.

Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

OSPI has the right to cancel or stop the pre-bid conference if no interested bidders join within thirty (30) minutes of the start.

B.5. COMPLAINT PROCEDURE

The complaint process is available to Consultants interested in this RFP. The complaint process allows Consultants to focus on the Solicitation requirements and evaluation process and raise issues with these processes early enough in the process to allow OSPI to correct a problem before proposals are submitted and time expended on evaluations.

A Consultant may submit a complaint based on any of the following:

• The Solicitation unnecessarily restricts competition;

• The Solicitation evaluation or scoring process is unfair or flawed; or

• The Solicitation requirements are inadequate or insufficient to prepare a proposal.

Consultants may submit complaints up to five (5) business days prior to the proposal due date noted in the Estimated Schedule of Procurement Activities. However, Consultants are encouraged to submit complaints as soon as possible so OSPI can rectify the issue(s) early in the process. Complaints must be submitted to the RFP Coordinator. To be considered a valid complaint, the complaint must meet the following requirements:

• Must be in writing.

• Should clearly articulate the basis for the complaint.

• Should include a proposed remedy.

Complaints not received by the deadline noted in the Estimated Schedule of Procurement

Activities will not be reviewed by OSPI. Failure by the Bidder to raise a complaint at this stage may waive its right for later consideration.

RFP No. 2025-31 Page 14 of 65

The OSPI Contracts Administrator or an employee delegated by the Contracts Administrator will review valid complaints and respond to the submitter in writing. OSPI will consider all complaints but is not required to adopt a complaint, in part or in full. OSPI’s response to the complaint is final and not subject to administrative appeal. The response, and any changes to the RFP, will be posted as an amendment to WEBS prior to the proposal due date. Any complaint addressed during the complaint process cannot be raised during the protest process.

B.6. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Your entire response to this RFP is a public record and will be disclosed consistent with the

Public Records Act, Chapter 42.56 RCW. Bid submissions and evaluations are temporarily exempt from public disclosure until announcement of the ASB(s).

B.7.i. CONFIDENTIAL DOCUMENTS

For the purposes of this RFP, do not include confidential or proprietary information unless specifically requested by OSPI.

If OSPI requests confidential or proprietary information, you must clearly print the word

“Confidential” on the lower right-hand corner of each page containing the confidential or proprietary information.

B.7.ii. PUBLIC RECORDS REQUESTS

If a public records request seeks your proposal and the proposal contains pages clearly marked “Confidential”, OSPI will take the following steps:

i. We will notify you. We will identify the requestor and the date that OSPI will disclose the requested records.

ii. We will give you an opportunity to seek a court order to stop OSPI from disclosing the records.

iii. We will not evaluate or defend your claim of confidentiality. We will not withhold or redact your documents without a court order.

If you have any questions, refer to the OSPI Public Records Office.

B.7. ADDENDUMS AND AMENDMENTS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, an addendum or an amendment will be published on the OSPI website. For this purpose, the published Consultant questions and Agency answers, and any other pertinent information, shall be considered an addendum to the RFP. Additionally, all addenda referred to above will be released on WEBS under the commodity code(s) listed on the cover page of this RFP. Only consultants who have properly registered in WEBS will receive automatic notification of amendments or other correspondence https://www.k12.wa.us/about-ospi/contact-us/ospi-public-records-request

RFP No. 2025-31 Page 15 of 65 pertaining to this RFP. For those not registered in WEBS, it will be the responsibility of interested

Consultants to check the website periodically for addenda and amendments to the RFP.

B.8. SMALL BUSINESS, MINORITY & WOMEN’S BUSINESS ENTERPRISES

(MWBE), AND VETERAN-OWNED BUSINESS PARTICIPATION

In accordance with the legislative findings and policies set forth in chapter 39.19 RCW, the State of Washington encourages participation in all of its contracts by firms certified by the Office of

Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this RFP or on a subcontractor basis. For more information on certification, contact the Washington Office of Minority and Women’s Business Enterprises. However, no preference points will be included in the evaluation of proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award, and proposals will not be rejected or considered non-responsive on that basis.

43.60A.200 encourages the participation of Veteran and Service Member Owned Businesses certified by the Washington State Department of Veterans Affairs RCW 43.60A.195. For more information on certification, contact Washington State Department of Veteran Affairs.

Additionally, per Department of Enterprise policy, agencies are encouraged to buy from in-state small business, including microbusinesses and minibusinesses.

Vendors who meet criteria set forth in chapter 39.19 RCW, should indicate status on the

Contractor Intake Form.

B.9. ETHICS, POLICIES, & LAW

This RFP, the evaluation of proposals, and any resulting contract shall be made in conformance with applicable Washington State laws and Policies.

Specific restrictions apply to contracting with current or former state employees pursuant to

RCW 42.52. Bidders should familiarize themselves with the requirements prior to submitting a proposal. Bidders shall indicate on their Contractor Intake Form any current or former state employees who are employed by, or subcontracted with, Bidder.

B.10. ACCEPTANCE PERIOD

Proposals must provide ninety (90) business days for acceptance by OSPI from the due date for receipt of proposals. OSPI may accept such bid, with or without further negotiation, at any time within such period.

https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips http://apps.leg.wa.gov/rcw/default.aspx?cite=39.19 http://omwbe.wa.gov/ http://app.leg.wa.gov/rcw/default.aspx?cite=43.60A.195 https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses http://apps.leg.wa.gov/rcw/default.aspx?cite=39.19

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B.11. RESPONSIVENESS

All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative and minimum requirements and instructions specified in this RFP- i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible.

OSPI may reject a Proposal as non-responsive at any time for any of the following reasons:

• Incomplete Response

• Submission of a Response that proposes services that deviate from the scope and technical requirements set forth in this document and Exhibit B, Sample Contract, except as permitted in an amendment to this Solicitation

• Failure to meet the minimum Bidder qualifications or to comply with any requirement set forth in this RFP, including Attachments

• Submission of incorrect, misleading or false information

• History of prior unsatisfactory contractual performance

Bidders whose proposals are found to be non-responsive shall be disqualified from further evaluation and shall be notified in writing.

The RFP Coordinator or evaluator(s) may contact any Bidder for clarification of the proposal. A bidder’s failure to provide requested information to OSPI within ten (10) business days may result in disqualification.

OSPI reserves the right to reject any or all bids, or portions thereof, and/or accept any portion of a bid unless the bidder stipulates all or nothing in their bid. If a proposal meets all administrative and Bidder qualification requirements and submittal instructions, OSPI shall continue with the written evaluation and, if applicable, the oral evaluation.

OSPI reserves the right at its sole discretion to waive informalities. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders.

B.12. MOST FAVORABLE TERMS

OSPI reserves the right to make an award without further discussion of the proposal submitted.

Therefore, the proposal should be submitted initially on the most favorable terms which the

Bidder can propose. There will be no best and final offer procedure. OSPI does reserve the right to contact a Bidder for clarification of its proposal.

The Bidder should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or all of the Bidder’s proposal. It is

RFP No. 2025-31 Page 17 of 65 understood that the proposal will become a part of the official procurement file on this matter without obligation to OSPI.

B.13. CONTRACT AND GENERAL TERMS & CONDITIONS

The Apparent Successful Bidder will be expected to enter into a contract which is substantially the same as the sample contract and its General Terms and Conditions. In no event is a Bidder to submit its own standard contract terms and conditions in response to this RFP. The Bidder may submit exceptions documented in the Contract Issues Exhibit. OSPI will review requested exceptions and accept or reject the same at its sole discretion.

Should contract negotiations fail to be completed within two (2) weeks after initiation, the

Agency may immediately cease contract negotiations, declare the Bidder with the second highest score as the new Apparent Successful Bidder, and enter into contract negotiations with that Vendor. This process will continue until the Contracts are signed or no qualified Bidders remain.

B.14. COSTS TO PROPOSE

OSPI will not be liable for any costs incurred by the Consultant in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP.

B.15. NO OBLIGATION TO CONTRACT

This RFP does not obligate the State of Washington or OSPI to contract for services specified herein. OSPI also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract without penalty.

B.16. REJECTION OF PROPOSALS

OSPI reserves the right at its sole discretion to reject any and all proposals received without penalty and not to issue a contract as a result of this RFP.

B.17. COMMITMENT OF FUNDS

Only an authorized representative of OSPI may legally commit OSPI to the expenditures of funds for a contract resulting from this RFP. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

RFP No. 2025-31 Page 18 of 65

B.18. STATEWIDE VENDOR PAYMENT REGISTRATION

Consultants awarded contracts as a result of this RFQQ will be required to register as a Statewide

Vendor (SWV). The SWV file is a central vendor file maintained by the Office of Financial

Management for use by Washington State agencies in processing vendor payments. This allows vendors to receive payments from all participating state agencies by direct deposit, the State's preferred method of payment. All OSPI Contractors are required to register as a Statewide

Vendor; however, participation in direct deposit is optional. For online registration, visit the

Office of Financial Management Statewide Vendor/Payee Services website.

B.19. WASHINGTON STATE BUSINESS REGISTRATION

Consultants awarded contracts as a result of this RFP will be required to register with the

Washington Secretary of State and/or Washington State Department of Revenue if registration requirements set forth by the Department of Revenue apply.

B.20. INSURANCE COVERAGE

The Apparent Successful Bidder must comply with the insurance requirements identified in the

General Terms and Conditions.

The Contractor shall, at its own expense, obtain and keep in force insurance coverage which shall be maintained in full force and effect during the term of the Contract. The Contractor shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and a copy shall be forwarded to OSPI within fifteen (15) days of the contract effective date.

https://ofm.wa.gov/it-systems/statewide-vendorpayee-services https://dor.wa.gov/open-business/apply-business-license

RFP No. 2025-31 Page 19 of 65

Section C. PROPOSAL CONTENTS

This section identifies how to prepare and submit a bid/proposal for this Competitive

Solicitation. In addition, bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that bidders must provide to the Procurement Coordinator to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, bidders acknowledge having read and understood the entire Competitive Solicitation and accept all information contained within this Competitive Solicitation.

C.1. SUBMISSION OF PROPOSALS

Consultants shall submit proposals as an attachment to an email to the RFP Coordinator noted in Section B.1. . Proposals must arrive by 3:00 p.m. PT on July 9, 2025. The RFP number must be noted in the email subject line. Attachments to the email shall be Microsoft Word, Portable

Document Format (PDF), or a zipped file. The maximum file size that can be received via email at OSPI is 35MB. Bidders should also be aware of their own service provider's limits which may be more restrictive. Proposals that exceed such limits may be submitted via OneDrive. OSPI does not assume responsibility for any problems with the electronic delivery of materials, unless it is determined that OSPI’s email system or server was at fault.

Proposals not received by the deadline will not be reviewed. Late proposals will not be accepted and will be automatically disqualified from further consideration. Proposals must respond to the procurement requirements. Do not respond by referring to material presented elsewhere. The proposal must be complete and must stand on its own merits.

Failure to respond to any portion of the procurement document may result in rejection of the proposal as non-responsive. All proposals and any accompanying documentation become the property of OSPI and will not be returned.

C.2. PROPOSAL OVERVIEW

Proposals must be formatted to print on eight and one-half by eleven (8 ½ x 11) inch paper size with individual sections clearly identified. The Letter of Submittal, excluding the signed exhibits, shall be a maximum of one (1) page. The four (4) major sections of the proposal are to be submitted in the order noted below:

1. Letter of Submittal including signed certifications, as applicable

a. Certifications and Assurances

b. Contract Issues List (if applicable)

c. Qualification Affirmations

d. Contract Intake Form

RFP No. 2025-31 Page 20 of 65

2. Technical Proposal

3. Management Proposal

4. Cost Proposal

Proposals must provide information in the same order as presented in this document with the same headings. This will not only be helpful to the evaluators of the proposal, but should assist the Consultant in preparing a thorough response.

C.3. LETTER OF SUBMITTAL

The Letter of Submittal shall include introductory remarks, contact information for the Bidder’s point of contact for the proposal, and applicable certifications must be signed and dated by a person authorized to legally bind the Consultant to a contractual relationship, (e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship).

C.4. TECHNICAL PROPOSAL

The Technical Proposal must contain a comprehensive description of services including the following elements:

C.4.i. Project Approach/Methodology – Include a complete description of the

Consultant’s proposed approach and methodology for the project. This section should convey Consultant’s understanding of the proposed project.

C.4.ii. Work Plan – Include all project requirements and the proposed tasks, services, activities, etc., necessary to accomplish the scope of the project defined in this RFP. This section of the Technical Proposal must contain sufficient detail to convey to members of the evaluation team the Consultant’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of OSPI staff. The

Consultant may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation.

C.4.iii. Project Schedule – Include a project schedule indicating when the elements of the work will be completed and when deliverables, if any, will be provided.

C.4.iv. Deliverables – Fully describe deliverables to be submitted under the proposed contract. Deliverables are the services and materials Consultants provide as described in contract agreements.

C.4.v. Performance-Based Contracting – RCW 39.26.180 requires that, to the extent practicable, Washington State agencies enter into performance-based contracts.

Performance-based contracts identify expected deliverables and performance measures

RFP No. 2025-31 Page 21 of 65 or outcomes and are contingent on the contractor providing such deliverables or achieving performance outcomes.

Bidders are encouraged to structure Technical and Cost proposals in a performance-based manner that identify payment(s) tied to deliverables identified in Section C.3.iv.

C.4.vi. Outcomes and Performance Measurement – Describe the impacts/outcomes the

Consultant proposes to achieve as a result of the delivery of these services including how these outcomes would be monitored, measured, and reported to the state agency.

Note: Mere repetition of the work statement in Section 1 will not be considered responsive.

C.4.vii. Risks – Define risks you identify as being significant to the success of the project. Include how you would propose to effectively monitor and manage these risks, including reporting of risks to the Agency’s contract manager. Examples may include:

• A proposal for minimizing staff turnover and its impact on the Agency’s contract management staff.

• A business continuation plan that illustrates how you will monitor and manage through times of labor disruption, loss of facility, and/or key staff/personnel.

C.5. MANAGEMENT PROPOSAL

C.5.i. Project Management/Team Structure/Internal Controls

Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any subcontractors. Identify staff, including subcontractors, who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project.

Provide an organizational chart of your firm indicating lines of authority for personnel involved in performance of this potential contract and relationships of this staff to other programs or functions of the firm. This chart must also show lines of authority to the next senior level of management. Include who within the firm will have prime responsibility and final authority for the work.

C.5.ii. Experience of the Consultant/Staff/Subcontractors

Relevant Experience – Describe how the Consultant meets the minimum qualifications and, if applicable, the desired qualifications. Include other relevant experience that indicates the

RFP No. 2025-31 Page 22 of 65 qualifications of the Consultant, and any subcontractors, for the performance of the potential contract.

Bidder shall also affirm minimum qualifications on the Qualification Affirmations Form.

Related Contracts – Include a list of contracts the Consultant has had during the last five

(5) years that relate to the Consultant’s ability to perform the services needed under this

RFP. List contract reference numbers, contract period of performance, contact persons, phone numbers, and email addresses.

C.5.iii. References

List names, addresses, telephone numbers, and fax numbers/email addresses of three (3) business references for whom work has been accomplished and briefly describe the type of service provided for them.

By submitting a proposal in response to this RFP, the Consultant and team members grant permission to OSPI to contact these references and others who, from OSPI’s perspective, may have pertinent information. OSPI may or may not, at OSPI’s discretion, contact these references or others. OSPI reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

C.5.iv. Past Performance

Provide information regarding past performance by indicating if the Consultant has received notification of contract breach in the past five (5) years. This does not lead to automatic disqualification. However, OSPI reserves the right to disqualify Consultant proposals based on the Consultant’s historical performance, as outlined above in Section B. General

Information for Consultants, 11. Responsiveness.

RFP No. 2025-31 Page 23 of 65

C.5.v. Examples/Samples of Related Projects/Previous Work

Provide any examples or samples of previous work on projects related to mediation, IEP facilitation, and special education dispute resolution.

C.5.vi. Subcontractors

Identify any known or potential subcontractors who will be assigned to the potential contract.

Once a contract is awarded, the contract will be subject to compliance tracking using the

State’s business diversity management system, Access Equity (B2Gnow). Confidential information (Tax ID, etc.) will not be published. Contractors that have previously registered with B2Gnow for any public entity, must verify the system has updated information. User guides and documentation related to Contractor and Subcontractor access to and use of

Access Equity are provided by the Office of Minority and Women’s Business Enterprises in the Access Equity Help Center.

Each month during the contract, the Contractor is required to report payments to all

Subcontractors through the Access Equity system. This monthly reporting information includes total payment in dollars made to the Subcontractor, payment dates, and any additional information required to verify payment to Subcontractors. The Contractor shall enter this payment information into the Access Equity system, and require the

Subcontractors verify the information in the system. Online training is available through the

Access Equity/B2Gnow system. This requirement applies to both Contractors and

Subcontractors, proposed during the procurement process and/or after a contract has been awarded and/or executed.

C.6. COST PROPOSAL

The evaluation process is designed to award this procurement not necessarily to the Consultant of least cost, but rather to the Consultant whose proposal best meets the requirements of this

RFP. However, Consultants are encouraged to submit proposals that are consistent with state government efforts to conserve state resources.

In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

C.6.i. Identification of Costs

Identify all costs including expenses to be charged for performing the services necessary to accomplish the objectives of the Contract. The Consultant is to submit a fully detailed budget https://omwbe.diversitycompliance.com/ https://omwbe.wa.gov/access-equity-help-center

RFP No. 2025-31 Page 24 of 65 including staff costs, administrative costs, travel costs, and any other expenses necessary to accomplish the tasks and to produce the deliverables under the Contract. A bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive

Solicitation is sufficient grounds for disqualification. Consultants are required to collect and pay Washington State sales tax, if applicable.

C.6.ii. Travel Costs

If the Consultant’s proposal includes any travel-related expenses as a line item, they are to be broken out separately. Any applicable mileage, meals, lodging, or other travel-related expenses, will be reimbursed in accordance with Washington State travel regulations established by the Office of Financial Management.

C.6.iii. Subcontractor Costs

Costs for subcontractors are to be broken out separately. Please note if any subcontractors are certified by the Office of Minority and Women’s Business Enterprises.

C.6.iv. Indirect Costs

Per OSPI’s indirect costs policy, the maximum amount that may be charged or included in contracts is the following:

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