RFQ_2024-21_21stCCLC_External_Org_List.pdf

STATE OF WASHINGTON

OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

OLYMPIA, WASHINGTON

PROJECT TITLE: 21st Century Community Learning Center Program External Organization

List

RESPONSE DUE DATE: 3:00 p.m., Pacific Time (PT) on October 30, 2024.

SUBMIT RESPONSE TO: contracts@k12.wa.us

All communications concerning this RFI must be directed only to the RFI 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 RFI Coordinator. Communication directed to parties other than the RFI Coordinator may result in disqualification of the Consultant.

This RFI 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 RFI 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 in order to receive automatic notifications: 924-18: Educational

Services, Alternative; 924-71: School Operation and Management Services; 924-76: Student

Activities Services; 924-80: Tutoring

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 Information No. 2024-21

21st Century Community Learning Center

Program External Organization List mailto:contracts@k12.wa.us https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://fortress.wa.gov/ga/webs/ https://fortress.wa.gov/ga/webs/ mailto:equity@k12.wa.us

RFI No. 2024-21 Page 2 of 20

Rev. 11/20

Table of Contents

Section A. INTRODUCTION

A.1. DEFINITIONS

A.2. PURPOSE OF REQUEST FOR QUALIFICATIONS

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

B.1. RFI COORDINATOR

B.2. QUESTIONS & ANSWERS

B.3. ESTIMATED SCHEDULE OF ACTIVITIES

B.4. COMPLAINT PROCEDURE

B.5. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

B.6. ADDENDUMS AND AMENDMENTS TO THE RFQ

B.7. SMALL BUSINESS, MINORITY & WOMEN’S BUSINESS ENTERPRISES (MWBE),

AND VETERAN-OWNED BUSINESS PARTICIPATION

B.8. ETHICS, POLICIES, & LAW

B.9. RESPONSIVENESS

B.10. COSTS OF RESPONSE PREPARATION

B.11. NO OBLIGATION TO CONTRACT

B.12. REJECTION OF PROPOSALS

Section C. PROPOSAL CONTENTS

C.1. SUBMISSION OF PROPOSALS

C.2. PROPOSAL OVERVIEW

C.3. LETTER OF SUBMITTAL

C.4. BIDDER RESPONSE

RFI No. 2024-21 Page 3 of 20

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

D.2. NOTIFICATION TO BIDDERS

D.3. DEBRIEFING OF UNSUCCESSFUL BIDDERS

D.4. PROTEST PROCEDURE

Section E. RFQ EXHIBITS

EXHIBIT A

RFI No. 2024-21 Page 4 of 20

Section A. INTRODUCTION

A.1. DEFINITIONS

Definitions for the purposes of this RFI include:

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

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

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

Bidder – Individual organization, public or private agency submitting a proposal in order 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 response to this RFI.

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

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.

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

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.

RFI No. 2024-21 Page 5 of 20

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 (RFQ) – Formal procurement document in which goods/services needed are identified, and Consultants are invited to provide their quotations to provide the goods/services.

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.

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

Solicitation/Procurement – A formal process providing an equal and open opportunity for

Consultants 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.

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

Vendor are interchangeable.

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.

A.2. PURPOSE OF REQUEST FOR QUALIFICATIONS

The Office of Superintendent of Public Instruction (OSPI) is initiating this Request for

Qualifications (RFQ) to solicit information regarding external organizations that may provide a resource to 21st CCLC subrecipients seeking technical assistance in their afterschool program.

https://fortress.wa.gov/ga/webs/

RFI No. 2024-21 Page 6 of 20

This RFQ will not result in contracts with any of the selected bidders; it will result in a published list of pre-screened external organizations that could aid subgrantees in carrying out program activities.

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 and eight (8) state-tribal education compact schools, OSPI allocates funding and provides tools, resources, and technical assistance so every student in Washington is provided a high-quality public education.

The Every Student Succeeds Act (ESSA), Nita M. Lowey, Title IV, Part B, 21st Century Community

Learning Centers (21st CCLC), is required to provide a list of prescreened external organizations that could aid subgrantees in carrying out program activities. The term “external organization” is defined, by ESSA, as: ‘‘(A) a nonprofit organization with a record of success in running or working with before and after school (or summer recess) programs and activities; or (B) in the case of a community where there is no such organization, a nonprofit organization in the community that enters into a written agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance in running or working with before and after school (or summer recess) programs and activities” (ESSA, section 4201).

A.4. OBJECTIVE AND SCOPE OF WORK

This RFQ may result in a pre-screened list of external organizations that could aid 21st CCLC subgrantees in carrying out program activities.

A. Objective The pre-screened list will be posted on the 21st CCLC website and may be a resource to 21st CCLC subgrantees seeking technical assistance to support their

Nita. M. Lowey 21st CCLC afterschool program. No contract will result from this RFQ with OSPI. Any support provided by an external organization that results in a fee for service must be agreed upon with the 21st CCLC subgrantee.

B. Scope of Work Responsive organizations may be contacted by a 21st CCCL subrecipient to support activities in their afterschool program. Responsive organizations will be listed on the 21st CCLC website for three years.

Examples of allowable activities external organizations may support are youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, arts, music, physical fitness and wellness programs, technology education programs, youth program quality, financial literacy programs, environmental literacy programs, mathematics, science, career and technical programs, internship or apprenticeship programs, and other ties to an

RFI No. 2024-21 Page 7 of 20 in-demand industry sector or occupation for high school students that are designed to reinforce and complement the regular academic program of participating students.

A.5. BIDDER QUALIFICATIONS

Minimum Qualifications:

1. Licensed to do business in the State of Washington.

2. Organization must operate as a nonprofit.

3. Minimum of one (1) year of experience operating or delivering services to or within out-of-school time or similar programs.

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.

A.6. PERIOD OF PERFORMANCE

Responsive organizations will be listed on the 21st CCLC website for three (3) years.

A.7. FUNDING

Bidders are encouraged to provide their most favorable and competitive cost estimate to perform the work.

A.8. AMERICANS WITH DISABILITIES ACT

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

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

RFI No. 2024-21 Page 8 of 20

Section B. GENERAL INFORMATION

B.1. RFI COORDINATOR

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

Name: Kyla Moore

Email Address: contracts@k12.wa.us

B.2. QUESTIONS & ANSWERS

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

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

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

Consultant.

B.3. ESTIMATED SCHEDULE OF ACTIVITIES

Action Date

OSPI issues RFQ September 16, 2024

Question and Answer period September 16-27, 2024

Last date to submit questions October 18, 2024

OSPI posts final Question and Answer Addendum or

Amendment (if necessary) October 23, 2024

Complaints due October 23, 2024

Responses due 3:00 p.m. on October 30, OSPI conducts evaluation of Responses November 1-6, 2024

OSPI notifies bidders and publishes pre-screened list to

OSPI website November 15, 2024

OSPI conducts debriefing conferences (if requested) As requested, per Section D.3.

OSPI reserves the right to revise the above schedule.

mailto:contracts@k12.wa.us

RFI No. 2024-21 Page 9 of 20

B.4. COMPLAINT PROCEDURE

The complaint process is available to Consultants interested in this RFQ. 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 RFQ Coordinator. In order 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.

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 RFQ, 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.5. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

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

Records Act, Chapter 42.56 RCW.

B.8.i. CONFIDENTIAL DOCUMENTS

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

RFI No. 2024-21 Page 10 of 20

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.8.ii. PUBLIC RECORDS REQUESTS

If a public records request seeks your response and the response 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.6. ADDENDUMS AND AMENDMENTS TO THE RFQ

In the event it becomes necessary to revise any part of this RFQ, 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 RFQ. Additionally, all addenda referred to above will be released on WEBS under the commodity code(s) listed on the cover page of this RFQ. Only consultants who have properly registered in WEBS will receive automatic notification of amendments or other correspondence pertaining to this RFQ. 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 RFI.

B.7. 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 RFI or on a subcontractor basis. For more information on certification, contact the Washington Office of Minority and Women’s Business Enterprises.

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.

https://www.k12.wa.us/about-ospi/contact-us/ospi-public-records-request https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements 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

RFI No. 2024-21 Page 11 of 20

However, no preference will be included in the evaluation of responses, no minimum level of

MWBE participation shall be required as a condition for receiving an award, and response will not be rejected or considered non-responsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the contract documents will apply.

B.8. ETHICS, POLICIES, & LAW

This RFI and review of responses 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.9. RESPONSIVENESS

All proposals will be reviewed by the RFQ Coordinator to determine compliance with administrative and minimum requirements and instructions specified in this RFQ. OSPI may reject a Proposal as nonresponsive 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 any exhibits, 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 RFQ, including exhibits.

• Submission of incorrect, misleading, or false information

• History of prior unsatisfactory contractual performance

The RFQ Coordinator may contact any Bidder for clarification of the proposal. If a proposal is deemed non-responsive, it shall be removed from further consideration. Bidders whose proposals are found to be non-responsive shall be disqualified from further evaluation and shall be notified in writing.

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 minor administrative irregularities or ask a

Consultant to correct administrative irregularities by a date determined by OSPI.

RFI No. 2024-21 Page 12 of 20

B.10. COSTS OF RESPONSE PREPARATION

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

B.11. NO OBLIGATION TO CONTRACT

This RFI does not obligate the State of Washington, OSPI, or any school districts within the state of Washington or elsewhere, to contract for services specified herein. OSPI also reserves the right to cancel or to reissue the RFQ in whole or in part, prior to execution of a contract without penalty.

B.12. 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 RFQ.

OSPI may at its discretion reject the bid of any contractor who has failed to perform satisfactorily on a previous contract with the state.

RFI No. 2024-21 Page 13 of 20

Section C. PROPOSAL CONTENTS

C.1. SUBMISSION OF PROPOSALS

Consultants shall submit proposals as an attachment to an email to the RFQ Coordinator noted in Section B.1. Proposals must arrive by 3:00 p.m. PT on October 30, 2024. The RFQ number must be noted in the email subject line. Attachments to the email must be in Microsoft Word format and not a scanned document. AOSPI does not assume responsibility for any problems with the electronic delivery of materials.

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.

If an awarded consultant does not uphold the requirements of this RFQ, the specifications herein, the specifications submitted at the time of application and acceptance, and any resulting contracts with school districts, the organization may be removed from the pre-screened list and the OSPI webpage.

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 to be submitted in the order noted below:

1. Letter of Submittal including signed certifications, as applicable

2. Bidder Response

C.3. LETTER OF SUBMITTAL

The Letter of Submittal 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).

RFI No. 2024-21 Page 14 of 20

C.4. BIDDER RESPONSE

Bidder’s response must address the following questions to be considered complete and evaluated.

1. Explain the organization’s experience providing support to youth development programs.

2. Describe which allowable activities the organization has experience with.

Examples of allowable activities external organizations may support are youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, arts, music, physical fitness and wellness programs, technology education programs, youth program quality, financial literacy programs, environmental literacy programs, mathematics, science, career and technical programs, internship or apprenticeship programs, and other ties to an in-demand industry sector or occupation for high school students that are designed to reinforce and complement the regular academic program of participating students.

3. Describe the activities the organization currently providing to out-of-school time programs.

After reviewing the responses, OSPI may contact some or all Consultants with follow up questions, or a request to make a presentation to OSPI.

RFI No. 2024-21 Page 15 of 20

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

Responsive proposals will be evaluated and accepted strictly in accordance with the requirements stated in this RFQ. The evaluation of proposals shall be accomplished by an evaluation team, to be designated by OSPI.

1. The Procurement Coordinator will review each organization’s response to ensure it meets the minimum qualifications and includes the minimum components.

2. Responses deemed responsive to those minimum qualifications and components will be sent to the evaluation team for further review.

3. The following points will be assigned to the proposals for evaluation purposes.

Component Maximum Points Possible

How well did the applicant explain the organization’s experience providing support to youth a development programs.

10 points

How well did the applicant provide evidence of currently providing support and technical assistance to a youth development program.

10 points

How well did the applicant describe which allowable activities their organization may support youth development activities 10 points

GRAND TOTAL FOR PROPOSAL 30 points

D.2. NOTIFICATION TO BIDDERS

Proposals that have not been selected for the pre-screened list will be notified via email by the

RFQ Coordinator.

D.3. DEBRIEFING OF UNSUCCESSFUL BIDDERS

At the Bidder’s request, an individual debriefing conference will be scheduled with an unsuccessful Bidder. The request for a debriefing conference must be received by the RFQ

Coordinator within three (3) business days following announcement of the ASB. The debriefing must be held within three (3) business days of the request, unless otherwise agreed upon by

OSPI and Bidder.

Discussion will be limited to a critique of the requesting Bidder’s proposal. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing

RFI No. 2024-21 Page 16 of 20 conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one (1) hour.

Since debriefing conferences pertain to the formal evaluation process, Bidders who were disqualified as non-responsive and therefore did not go through the formal evaluation process, are not entitled to a debriefing conference.

Please note, because the debrief process must occur before making an award, OSPI likely will schedule the Debrief Conference shortly after the announcement of the ASB and the Bidder’s request for a Debrief Conference. OSPI will not allow the debrief process to delay the award.

Therefore, Bidders should plan for contingencies and alternate representatives; Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest.

D.4. PROTEST PROCEDURE

This protest procedure is available to Bidders who submitted a response to this RFQ document and who have participated in a debriefing conference. Upon completion of the debriefing conference, the Consultant is allowed five (5) business days to file a protest of the procurement with the RFQ Coordinator. Protests shall be submitted to the RFQ Coordinator via email.

Consultants protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders under this procurement.

The protest must state:

1. The RFQ number.

2. The grounds for the protest including specific facts and complete statements of the action(s) being protested. The protesting party may submit with the protest any documents or information deemed relevant.

3. A description of the relief or corrective action being requested should also be included.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

• A matter of bias, discrimination or conflict of interest on the part of the evaluator/evaluation team;

• Errors in computing the score; and/or

• Non-compliance with procedures described in the procurement document or OSPI policy.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, 2) OSPI’s assessment of its own and/or other agencies needs or requirements, or 3) a complaint raised during the Complaint Procedure.

RFI No. 2024-21 Page 17 of 20

Upon receipt of a protest, a protest review will be held by OSPI.

1. The agency will assign a Protest Officer who had no involvement in the evaluation and award process to investigate and respond to the protest.

2. The Protest Officer will consider the available facts and issue a written response to the

Bidder within ten (10) business days after receipt of the protest, unless additional time is needed. OSPI will notify the protesting bidder in writing if additional time is needed.

3. A copy of the protest and the agency’s written decision will be provided to the

Superintendent of Public Instruction and the Director of DES.

In the event a protest may affect the interest of another Bidder that submitted a proposal, such

Bidder will be given an opportunity to submit its views and any relevant information on the protest to the Protest Officer.

The final determination of the protest shall either:

• Find the protest lacking in merit and uphold OSPI’s action; or

• Find only technical or harmless errors in OSPI’s procurement process and determine

OSPI to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide OSPI options which may include:

o Correct the errors and re-evaluate all proposals, and/or o Reissue the RFQ document and begin a new process, or o Make other findings and determine other courses of action as appropriate.

If OSPI determines that the protest is without merit, OSPI will enter into a contract with the

Apparent Successful Bidder, assuming the parties reach agreement on the contract’s terms. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken. All decisions made by OSPI relating to the protest shall be final.

RFI No. 2024-21 Page 18 of 20

Section E. RFQ EXHIBITS

Available as editable Word documents on OSPI’s procurement website.

Exhibit A Certification and Assurances https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements

RFI No. 2024-21 Page 19 of 20

EXHIBIT A

CERTIFICATION AND ASSURANCES

Available as an editable Word document on OSPI’s procurement website.

Bidder must sign and include the full text of this Exhibit A with their proposal.

Bidder makes the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s):

1. Bidder declares that all answers and statements made in the proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition.

However, Bidder may freely join with other persons or organizations for the purpose of presenting a single proposal.

3. The attached proposal is a firm offer for a period of time that is outlined in the RFQ.

4. In preparing this proposal, Bidder has not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. Bidder understands that OSPI will not reimburse Bidder for any costs incurred in the preparation of this proposal. All proposals become the property of OSPI, and Bidder claims no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by

Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor.

7. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

8. Bidder certifies that Bidder has not, within the three-year period immediately preceding the date of release of this competitive solicitation, been determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment to have willfully violated state minimum wage laws (RCW 49.38.082;

Chapters 49.46 RCW, 49.48 RCW, or 49.52 RCW).

https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements

RFI No. 2024-21 Page 20 of 20

9. Bidder has not been debarred or otherwise restricted from participating in any public contracts.

10. Bidder certifies that Bidder has not willfully violated Washington State’s wage payment laws within the last three years.

11. Bidder acknowledges its obligation to notify OSPI of any changes in the certifications and assurances above.

I certify under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct.

Signature of Bidder Date Place Signed (City, State)

Print Name Title Organization Name