RFP Multilingual - English Learner Resource Bank~2.pdf

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF EDUCATION

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-58100-00004553 for

MULTILINGUAL/ENGLISH LEARNER RESOURCE BANK

Date of Issue: October 3, 2022

Opening Date and Time: November 3, 2022, 5:00 PM PST

Single Point of Contact (SPC): Jeanie Stuntzner, Procurement Specialist

Address: 255 Capitol St NE City, State, Zip Salem, OR 97301 Phone (voice) (503) 569-2594 E-mail: jeanie.stuntzner@ode.oregon.gov

In compliance with the Americans with Disabilities Act of 1990, this RFA may be made available in alternate formats such as Braille, large print, audiotape, oral presentation, or computer disk. To request an alternate format, call the Oregon Department of Education at (503) 947-5600.

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:jeanie.stuntzner@ode.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 REQUIRED QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PROPOSAL REJECTION

4.9 EVALUATION PROCESS

4.10 POINT AND SCORE CALCULATIONS

4.11 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A: APPLICATION

ATTACHMENT B: LIST OF TOPICS AND SUBTOPICS

ATTACHMENT C: BRIEF TEMPLATE

ATTACHMENT D: SAMPLE BRIEF

ATTACHMENT E: SAMPLE CONTRACT

ATTACHMENT F: DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT G: COBID CERTIFICATION

ATTACHMENT H: RESPONSIBILITY INQUIRY

ATTACHMENT I: INFORMATION AND CERTIFICATION

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Education (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for researchers to participate in the development of Agency’s Multilingual/English Learner (ML/EL) Resource Bank by helping to create research-practice briefs on a set of assigned EL topics.

The purpose of this Proposal is to create research and evidence-based, equity-focused research-practice briefs for Agency’s Multilingual/English Learner Resource Bank. This resource bank will facilitate development and sustainability of programs, practices, and systems for districts funded through HB 3499 (English Learner Outcomes Program), as well as serve as a resource for other schools, districts, and ESDs across the State who work with multilingual students and communities. The material housed in the resource bank will focus on equitable approaches to research and practice by using evidence-based, equity-focused, and culturally relevant and responsive research, and best and promising practices.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

Agency anticipates the award of multiple Contracts (each “Contract”) from this RFP. The total of up to $100,000.00 is available to support this work. The amount of each contract will be up to $10,000.00. The amount of each contract will vary based on Applicant’s proposal and Agency’s need to create research-practice briefs on multiple topics and sub-topics. One contract will include several briefs within which a topic or a series of sub-topics will be addressed.

Applicants are encouraged to submit proposals that are flexible and can accommodate additional topics. One Applicant can submit an Application for more than one topic

The term of the Contract is anticipated to be three months, with options to renew up to a maximum of 1 year. The not-to-exceed amount of each Contract will be $10,000.00.

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1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference October 11, 2022 11:30 AM

Questions / Requests for Clarification Due October 20, 2022 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) October 24, 2022

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) November 17, 2022

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

• “Addendum” or “Addenda” means an addition to, deletion from, a material change in, or general interest explanation of this RFP.

• “Applicant” means an entity who submits a Proposal in response to this RFP.

• “Application” means a written response to this RFP.

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• “Best and Promising” means programs, strategies and practices that, based on research evidence, a well-established theory of change, or guidance from expert panels, shows potential for improving student outcomes but does not meet the criteria for classification as evidence-based or research-based. Acceptable methodology includes quantitative, qualitative, and mixed-methods research.

• “Closing” means the date and time specified in this RFP as the deadline for submitting Proposals.

• “English Language Learners” (ELL) or English Learners (EL) means a student who is learning the English language and has a native language that is not English.

• “Evidence-Based” means a program or practice that has been tested in heterogeneous or intended populations with either or both multiple randomized or statistically controlled evaluations. The weight of the evidence from a systematic review demonstrates sustained improvements in at least one outcome.

Evidence-based also means a program or practice that can be implemented with a set of procedures to allow successful replication. Acceptable methodology includes quantitative, qualitative, and mixed-methods research.

• “Evaluation Committee” means the group of people who will evaluate and score Applications submitted in response to this RFP.

• “Multilingual Language Learners” (MLL) or Multilingual Leaners (ML) means students who are developing proficiency in multiple languages.

• “Resource Bank” means a curated selection of research-based resources that educators may refer to in order to support access to learning for all students.

• Research-Based” means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systematic review supports sustained outcomes but does not meet the full criteria for evidence-based. Acceptable methodology includes quantitative, qualitative, and mixed-methods research.

• “State” means the state of Oregon.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Office of Equity, Diversity, and Inclusion (OEDI) is responsible for the implementation of state-level equity initiatives that focus on fostering equitable educational outcomes. The English Learner Outcomes Program team (HB3499 team) supports the implementation and administration of the HB3499 grant program aimed to assist districts in the creation of plans and services designed to improve outcomes for Multilingual Learners/English Learners

(ML/EL).

2.3.2 Project Overview and Background

In 2015, the Oregon Legislature enacted House Bill 3499, which under ORS 336.079(3) directed Agency to develop and implement a statewide education plan to improve educational outcomes for K-12 English Language Learners (ELL). One of the provisions of the Bill, as outlined in OAR 581-020-0624 is to create a resource bank, a repository for sharing national, state, and local best and promising practices to advance an equitable educational approach and subsequent

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2.3.3 Purpose

The purpose of the project is to create a research and evidence-based, equity-focused Multilingual/English Learner Resource Bank (ML/EL Resource Bank). The resource bank will facilitate development and sustainability of programs, practices, and systems for districts funded through HB 3499 (English Learner Outcomes Program), as well as serve as a resource for other schools, districts, and ESDs across the State who work with multilingual students and communities. The material housed in the resource bank will focus on equitable approaches to research and practice by using evidence-based, equity-focused, and culturally relevant and responsive research, and best and promising practices. The ML/EL Resource Bank will be housed on the Oregon Open Learning | OER Commons (link: Oregon Open Learning | OER Commons) and all material will be available at no cost to users.

2.4 SCOPE OF WORK/SPECIFICATIONS

The ML/EL Resource Bank will be a comprehensive, curated online repository presented in the form of research-practice briefs and will include information from research and practice articles, guides, reports, analysis, action research, and implementation resources about English learner programs and services. To create the research-practice briefs for the resource bank, we will partner with multiple researchers based at universities, research organizations, K-12, and with other qualified individuals and entities, depending on their content area of expertise.

Researchers will be expected to develop an implementation plan as part of the application for this project and consult with Agency on an ongoing basis during the project duration.

Research-Practice Brief Content Expectations

Agency will provide a research-practice brief template, which must be used as a basis and outline for the content researchers will develop (Attachment C). The content should include a detailed review of the existing research on a given topic/subtopic. It will also include a review of evidence-based, as well as best and promising practices in a given content area, including providing recommendations and possible solutions related to the assigned topic/s. The length of the briefs should not exceed 10 pages excluding the reference list (“Learn More” section).

Agency will also provide a draft example brief on one topic (Attachment D) for illustration purposes and as additional guidance. (NOTE: Sample Brief provided by Agency is a partial example only - not a fully developed document and will not/cannot be used as such in developing the content or in evaluating the completeness of the brief/s Applicant will be producing for publication.)

All sections of the brief should be written in a clear and concise manner, using asset-based language with practitioners as main users and multilingual learners as main beneficiaries in mind. The Evidence Base section should read more as a synthesis of the existing research (i.e., a literature review) and less a list of anecdotes and individual suggestions. The practices and interventions listed should be supported by evidence demonstrating their effectiveness. The strategies and recommendations should be specific and wherever possible should not merely list what works, but how it works, as well. The reader should be clear what and how to apply the recommendations in any context and in the reader’s own context. The hyperlinks to models, frameworks, and additional details about the content presented should be included throughout https://www.oercommons.org/hubs/oregon

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The main audience for these research-practice briefs are district, school, and classroom-based practitioners and the briefs aim to translate research into inclusive, readable, and general language that will be useful, understandable, meaningful, and applicable for a non-researcher audience. Unlike a traditional peer-reviewed journal article, there is no need to include details on the methodology, beyond briefly mentioning the type of research and where appropriate, the strength of the evidence.

The research-practice briefs will address the main topics listed below, along with the subtopics identified under each main topic as listed in Attachment B. In order to address any topic and its associated subtopics, multiple briefs will need to be created within one contract and in most cases, each subtopic will require a separate brief.

Main topics include, but are not limited to (refer to Attachment B for a full list of topics and associated subtopics):

o Program design and program models o Instruction and instructional materials o Culturally responsive and culturally sustaining pedagogy and practices o Academic excellence o Assessment o Supportive learning environment o Social-emotional well-being and mental health literacy o Engagement with families and community o Exemplary leadership o Financing ML/EL programs and activities

The specific tasks and deliverables will include but are not limited to:

o Virtual planning sessions with Agency to discuss and clarify the goals of the project and the approach to completing it o Check-ins with Agency, dates to be determined by Agency o Submission of draft research-practice brief(s) followed by feedback from Agency

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 REQUIRED QUALIFICATIONS

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A. A minimum of three years of research experience and experience in the content area/s for which application is submitted, including but not limited to programs and services for the multilingual learner/English learner student population. (NOTE: At least one person involved in the project should have experience related to research, programs or services for multilingual learners/English learners.)

B. Operationalization of equity lens (e.g., linguistic equity, racial equity, etc.) in research or practice work.

C. Experience creating research, practice, or policy briefs.

D. Knowledge of K-12 education systems and practices. Understanding of higher education and early learning systems are helpful.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Application (Attachment A)

• Two references

• Proposer Information and Certification Sheet (Attachment I)

• Key persons and their resumes or CVs

• Disclosure Exemption Affidavit (Attachment F)

• Project Implementation Plan

3.2.2 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment I - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment F). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

The Proposer Information and Certification Sheet (Attachment I) must bear the Proposer’s authorized representative’s Signature.

3.2.3 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.3 PROPOSAL REQUIREMENTS

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Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP will be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment I).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.2 References

Provide the contact information for two references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.3.3 Key Persons and their Resumes

Specify key person/s to be assigned to this project, and include a current resume and up to one page of relevant publications, presentations, or other artifacts not included in the resume for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

3.3.4 Project Implementation Plan

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

This Plan is not to exceed two pages.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

https://oregonbuys.gov/

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Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project;

• Explain the RFP process; and

• Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by:

A pre-proposal conference will be held on Zoom on October 11, 2022 at 11:30 AM PST. The session will be recorded and made available for those not available to attend at the scheduled time. Participants need to register at (include registration link) to receive the meeting link or a recording of the session.

When: Oct 11, 2022 11:30 AM Pacific Time (US and Canada)

Register in advance for this meeting:

https://www.zoomgov.com/meeting/register/vJItcu6gqzssGy8z0209UsxW 94gBIC1Cetk

After registering, you will receive a confirmation email containing information about joining the meeting.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via email

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

https://www.zoomgov.com/meeting/register/vJItcu6gqzssGy8z0209UsxW94gBIC1Cetk https://www.zoomgov.com/meeting/register/vJItcu6gqzssGy8z0209UsxW94gBIC1Cetk

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4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

4.4.2 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in email or or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through email to SPC

Proposal submission should be electronically to the SPC: jeanie.stuntzner@ode.oregon.gov

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the mailto:jeanie.stuntzner@ode.oregon.gov

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Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.8 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.9 EVALUATION PROCESS

4.9.1 Responsiveness and Responsibility Determination

4.9.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with

OAR 125-247-0470.

4.9.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment H) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

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4.9.2 Evaluation Criteria

All Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

4.9.2.1 Evaluation Item 1: Individual/Organizational background and relevant experience (25 points)

• How well does Proposer demonstrate experience and/or ability to perform the work?

• How well does Proposer demonstrate the application of an equity lens in prior work, including system-level considerations of equity?

4.9.2.2 Evaluation Item 2: Implementation Plan (25 points)

How well does Applicant’s plan demonstrate evidence of understanding the project and deliverables as well as the methodology and approach in performing the work, including:

• Agency’s Education Equity Stance, which states that education equity is the equitable implementation of policy, practices, procedures, and legislation that

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

DAS Procurement Services, Version 4.4 July 1, 2021 Page 14 of 18 translates into resource allocation, education rigor, and opportunities for historically and currently marginalized youth, students, and families including civil rights protected classes.

• Agency’s English Learner Equity Initiatives, which can be found at:

https://www.oregon.gov/ode/students-and-family/equity/equityinitiatives/Pages/default.aspx

4.9.2.3 Evaluation Item 3: Sample Work (25 points)

• How well does the sample research, practice, or policy brief demonstrate Proposer’s experience and ability to synthesize and present information necessary to perform this work?

• Does Proposer’s writing sample demonstrate an appropriate tone and clear, concise writing that is useful, understandable, meaningful, and applicable for a non-researcher audience?

• How well has Proposer’s sample work demonstrated equity, diversity, and inclusion in the approach to research and/or practice?

4.9.2.4 Evaluation Item4: Resume or CV of Proposer/Proposer’s Team (20 points)

• How well has Proposer demonstrated relevant education and experience?

4.9.2.5 Evaluation Item 5: References (5 points)

• How strong is the support for Proposer’s current or previous similar works?

4.10 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

Points are the total possible for each section as listed in the table below.

4.11 RANKING OF PROPOSERS

The SPC will total the scores for each Proposal. After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

TOTAL POINTS POSSIBLE : 100

4.10.2.1 Evaluation item 1 25

4.10.2.2 Evaluation item 2 25

4.10.2.3 Evaluation item 3 25

4.10.2.4 Evaluation item 4 20

4.10.2.5 Evaluation item 5 5

https://www.oregon.gov/ode/students-and-family/equity/equityinitiatives/Pages/default.aspx https://www.oregon.gov/ode/students-and-family/equity/equityinitiatives/Pages/default.aspx

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposers based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposers subject to successful negotiation of any negotiable provisions.

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposers who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.2.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated.

5.2.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.2.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.2.4 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment I - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3 CONTRACT NEGOTIATION

5.3.1 Negotiation

http://sos.oregon.gov/business/pages/register.aspx

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After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment E), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract/Price Agreement, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment E).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below.

However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 60 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN= oregon4biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment G –COBID Certification) prior to execution.

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

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6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency, and the final accepted work product of successful Proposers will be posted to the will be housed on the Oregon Open Learning | OER Commons (link: Oregon Open Learning | OER Commons). All material will be available at no cost to users.

By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.7 RECYCLABLE PRODUCTS

https://www.oercommons.org/hubs/oregon https://www.oregon.gov/das

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Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract (ORS 279B.025).

3.3 PROPOSAL REQUIREMENTS