RFQ_2025-05_Complaint_Investigator_FINAL.pdf

STATE OF WASHINGTON

OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

OLYMPIA, WASHINGTON

PRE-BID CONFERENCE: 3:30 p.m., Pacific Time (PT) on September 30, 2024

PROPOSAL DUE DATE: 3:00 p.m., Pacific Time (PT) on October 21, 2024

ESTIMATED CONTRACT PERIOD: December 2, 2024, through September 30, 2025.

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 RFQ must be directed only to the RFQ 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 RFQ Coordinator. Communication directed to parties other than the RFQ Coordinator may result in disqualification of the Consultant.

This RFQ 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 RFQ 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: 952-31: Discrimination

Investigation; 924-74: Special Education; 924-05: Advisory Services, Educational

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 Qualifications No. 2025-05

Special Education Complaint Investigator 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

RFQ No. 2025-05 Page 2 of 63

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. RFQ 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 RFQ

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

RFQ No. 2025-05 Page 3 of 63

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. MANAGEMENT PROPOSAL

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

D.2. EVALUATION AND SCORING

D.3. SCORING PREFERENCES

D.4. LETTERS OF RECOMMENDATION

D.5. INTERVIEW/DEMONSTRATION

D.6. SELECTION OF APPARENT SUCCESSFUL BIDDER

D.7. NOTIFICATION TO BIDDERS

D.8. DEBRIEFING OF UNSUCCESSFUL BIDDERS

D.9. PROTEST PROCEDURE

D.10. ADDITIONAL AWARDS

Section E. RFQ EXHIBITS

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D

EXHIBIT E

EXHIBIT F

EXHIBIT G

EXHIBIT H

EXHIBIT I

RFQ No. 2025-05 Page 4 of 63

Section A. SCOPE & REQUIREMENTS

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

A.1. DEFINITIONS

Definitions for the purposes of this RFQ include:

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

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 RFQ.

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.

RFQ No. 2025-05 Page 5 of 63

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 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.

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 services needed are identified, and Consultants are invited to provide their qualifications to provide the 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 – 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.

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

RFQ No. 2025-05 Page 6 of 63

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 Qualifications (RFQ) to solicit proposals from

Consultants interested in participating on a project to conduct up to four (4) complex confidential investigations per month filed with the Superintendent against local education agencies (LEAs) through the formal special education community complaint process and to prepare written decisions for each investigation.

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, seven (7) 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.

A special education community complaint (SECC) is a written statement to OSPI, alleging that a federal or state special education rule or law has been violated by:

• A school district,

• Another public agency serving special education students,

• An educational service district, or

• The state.

OSPI is charged with implementing dispute resolution options under the Individuals with

Disabilities Education Improvement Act (IDEA) of 2004. Concerns about the identification, evaluation, educational placement, and provision of free appropriate public education to a student can be addressed through the community complaint/dispute resolution process. Any individual can file a complaint alleging that a federal or state special education rule or law has https://fortress.wa.gov/ga/webs/

RFQ No. 2025-05 Page 7 of 63 been violated. OSPI is required to investigate the allegation. Additional information regarding the process can be found on OSPI’s Dispute Resolution web page.

A.4. OBJECTIVE AND SCOPE OF WORK

A.4.i. Objective:

• Conduct up to four (4) community complaint investigations per month pertaining to the IDEA consistent with the general supervisory responsibility of OSPI and the State Complaint procedures and timelines of the IDEA and

OSPI and prepare written decisions.

• Comply with all current state and federal statutes and regulations pertaining to the provision of special education services in Washington State. Additional information can be found on OSPI’s Laws and Regulations web page.

A.4.ii. Scope of Work:

• Maintain the confidentiality of student information in accordance with the Family

Educational Rights and Policy Act (FERPA), the IDEA, and OSPI.

• Refrain from providing legal advice to either party regarding the IDEA, OSPI WAC

392-172A, or any other applicable law.

• Maintain a neutral relationship with the parties.

• Review the allegations contained in the complaint and the issues identified by

OSPI.

• Review documentation provided by the LEA in response to the complaint, and determine if additional information may be needed from complainant and/or

LEA.

• Review the complainant’s reply to the LEA’s response to the complaint to determine whether additional information may be needed.

• Conduct interviews of LEA staff and/or the complainant as needed.

• Prepare a draft decision for review by OSPI within fifty (50) calendar days of assignment by the OSPI unless a time extension is granted because of exceptional circumstances, or the parties agree in writing to extend the timelines to resolve the dispute through an alternative dispute resolution option. The decision document shall contain procedural history, legal standards, findings of fact proposed conclusions, and if necessary, proposed corrective actions related to the complaint for review by inspection of record.

• Return all documents to OSPI upon completion of the investigation.

• Notify OSPI of any potential conflicts of interest regarding a particular district or investigation as soon as possible. Conflicts of interest may include, but are not limited to, employment or contract with the school district that is the subject of the investigation; existing or previous relationships with individuals who are involved in the investigation.

http://www.k12.wa.us/SpecialEd/DisputeResolution/default.aspx http://www.k12.wa.us/SpecialEd/regulations.aspx

RFQ No. 2025-05 Page 8 of 63

OSPI will determine assignments for contracted services based on identified needs. Those determinations will be based on ability, availability, and need, including response time. It is important that bidders understand that these potential work assignments are determined by

OSPI and not subject to contractor demands.

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 I – 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.

• Highly advanced understanding of IDEA, OSPI WAC 392-172A, and other applicable laws as documented by resume or curriculum vitae.

• Ability to analyze case law and IDEA Federal and State statutory and administrative law, policy and guidance, and apply to facts and circumstances of a particular situation as documented by resume, history of relevant professional development.

• At least three (3) professional letters of recommendation from references who can speak to the bidder’s knowledge of IDEA, special education, and investigation skills.

• Ability to complete investigation within the timelines set forth by the IDEA and OSPI as documented by resume or curriculum vitae, history of relevant professional development, and at least three (3) letters of recommendation.

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.

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

RFQ No. 2025-05 Page 9 of 63

Desirable Qualifications:

• Bar Association member in good standing.

• Ability to use computers, Microsoft Word, and email effectively and independently, as documented by resume or curriculum vitae.

• Strong interpersonal written and oral communication skills that demonstrate accuracy, clarity, civility, and ability to remain neutral, objective, and professional.

• History of professional behavior, including addressing concerns appropriately, arriving to scheduled meetings on time, and submitting quality written work in a timely manner, as documented by letters of recommendation and, if applicable, a review of previous work provided to OSPI.

A.6. PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this RFQ is tentatively scheduled to begin on or about December 2, 2024, and end on or about September 30, 2025. 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 two (2) additional contract years through 2027. 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 RFQ, 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

Contractor will be compensated at a set rate of two thousand, five hundred dollars ($2,500) per completed investigation, and one thousand, two hundred fifty dollars ($1,250) per withdrawn complaint if substantial work has been demonstrated on the investigation. All costs are inclusive of any mileage, meals, lodging, or any other contract/travel-related expenses. Contractor will be expected to take up to four (4) complaints per month.

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.

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.

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

RFQ No. 2025-05 Page 10 of 63

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 84.027A (Award

173A2300741). 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 RFQ

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

RFQ No. 2025-05 Page 11 of 63

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. RFQ COORDINATOR

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

RFQ Coordinator, as follows:

Contact Information

Name: Marion Kariuki

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 RFQ must be directed only to the RFQ

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

Coordinator. Communication directed to parties other than the RFQ 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

RFQ No. 2025-05 Page 12 of 63

B.3. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Action Date

OSPI issues RFQ September 24, 2024

Question and Answer period September 24-October 14, OSPI hosts Pre-Bid Conference 3:30 p.m. on September

30, 2024

OSPI posts Question and Answer Addendum or Amendment resulting from Pre-Bid Conference (if necessary) October 7, 2024

Last date to submit questions regarding RFQ October 14, 2024

Complaints due October 14, 2024

OSPI posts final Question and Answer Addendum or

Amendment (if necessary) October 16, 2024

Proposals due 3:00 p.m. on October 21, OSPI conducts evaluation of written proposals October 22-23, 2024

OSPI conducts oral interviews with finalists (if determined necessary by OSPI) October 24-25, 2024

OSPI announces “Apparent Successful Bidder” and sends notification to unsuccessful Bidder(s) October 28, 2024

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

Contract negotiation begins October 28, 2024

Anticipated contract start date December 2, 2024

OSPI reserves the right to revise the above schedule.

B.4. PRE-BID CONFERENCE

A pre-bid conference is scheduled to be held on September 30, 2024 at 3:30 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 via Zoom: https://us02web.zoom.us/j/88924301673

Meeting ID: 889 2430 1673

All prospective Consultants should attend; however, attendance is not mandatory. Written questions may be submitted in advance to the RFQ 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 https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fus02web.zoom.us%2Fj%2F88924301673&data=05%7C02%7Ccontracts%40k12.wa.us%7C018e898fda9b4c41ff4908dcdcc63fd0%7Cb2fe5ccf10a546feae45a0267412af7a%7C0%7C0%7C638627991285544641%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=3FIPNtESI5G8RASVgI3Q%2FPe0CsQbfitLSKjE3s8q0xk%3D&reserved=0

RFQ No. 2025-05 Page 13 of 63 published on the OSPI website and released on WEBS under the commodity code(s) listed on the cover page of this RFQ 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 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. 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.

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

RFQ No. 2025-05 Page 14 of 63

B.6. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Your entire response to this RFQ 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 RFQ, 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 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 RFQ.

https://www.k12.wa.us/about-ospi/contact-us/ospi-public-records-request https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips

RFQ No. 2025-05 Page 15 of 63

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 RFQ 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 mini businesses.

Vendors who meet criteria set forth in chapter 39.19 RCW, should complete and submit the

Business Enterprise Certification Form with the Contractor Intake Form.

B.9. ETHICS, POLICIES, & LAW

This RFQ, 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.

B.11. RESPONSIVENESS

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

RFQ No. 2025-05 Page 16 of 63

All proposals will be reviewed by the RFQ Coordinator to determine compliance with administrative and minimum requirements and instructions specified in this RFQ – 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 RFQ, including Attachments

• Submission of incorrect, misleading or false information

• History of prior unsatisfactory contractual performance

The RFQ 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. 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 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 RFQ for incorporation into a contract resulting from this RFQ. Contract negotiations may incorporate some or all of the Bidder’s proposal. It is understood that the proposal will become a part of the official procurement file on this matter without obligation to OSPI.

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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 RFQ. 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 RFQ, in conduct of a presentation, or any other activities related to responding to this RFQ.

B.15. NO OBLIGATION TO CONTRACT

This RFQ 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 RFQ 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 RFQ.

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 RFQ. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

B.18. STATEWIDE VENDOR PAYMENT REGISTRATION

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

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

RFQ No. 2025-05 Page 18 of 63

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 website.

B.19. WASHINGTON STATE BUSINESS REGISTRATION

Consultants awarded contracts as a result of this RFQ 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

RFQ No. 2025-05 Page 19 of 63

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 RFQ Coordinator noted in Section B.1. Proposals must arrive by 3:00 p.m. PT on October 21, 2024. The RFQ 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

Certifications and Assurances and Contractor Intake Form, shall be a maximum of one (1) page.

The two (2) 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

2. Management Proposal

RFQ No. 2025-05 Page 20 of 63

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. MANAGEMENT PROPOSAL

C.4.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 a description of how the team structure allows for the assignment of up to four (4) complaint investigations per month.

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.4.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 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

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

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C.4.iii. Letters of Recommendation

Provide at least three (3) professional letters of recommendation from references who can speak to the bidder’s knowledge of IDEA, special education, and investigation skills.

By submitting a proposal in response to this RFQ, 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.4.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.

C.4.v. Examples/Samples of Related Projects/Previous Work

Provide one or more examples or samples of previous work/deliverables for related projects.

C.4.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.

https://omwbe.diversitycompliance.com/ https://omwbe.wa.gov/access-equity-help-center

RFQ No. 2025-05 Page 22 of 63

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.

RFQ No. 2025-05 Page 23 of 63

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

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

For responsive bids, OSPI will determine whether the bidder is a “responsible bidder.”

Accordingly, OSPI may make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, OSPI may consider the following statutory elements:

• Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

• Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

• Bidder’s ability to perform the contract within the time specified;

• Bidder’s performance quality pertaining to previous contracts or services;

• Bidder’s compliance with laws relating to the contract or services;

• Whether, within the three-year period immediately preceding the date of the

Competitive Solicitation, bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and

Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

• Such other information as may be secured having a bearing on the decision to award the Contract.

In accordance with RCW 39.26.160(2)(a)-(g), OSPI may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder’s or subcontractor’s facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

RFQ No. 2025-05 Page 24 of 63

D.2. EVALUATION AND SCORING

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

Category Maximum Points Possible

Responsive to Minimum Qualifications and Requirements Pass/Fail

Responsible Bidder Pass/Fail

Management Proposal 60 points

Project Team Structure/Internal Controls

Staff Qualifications/Experience

Experience of the Consultant

Letters of Recommendation

Sample Work

Veteran Preference 1

Small Business Preference 1

Subtotal 62 points

Interview/Demonstration (if determined necessary by OSPI) 5

TOTAL POINTS POSSIBLE 67 points

D.3. SCORING PREFERENCES

OSPI will apply the following Washington State procurement priorities and preferences to this

RFQ which will impact the evaluation of bids for this RFQ:

D.3.i. Preference Related to Certified Veteran-Owned Businesses

In furtherance of Washington’s business inclusion goals, OSPI will evaluate bids for best value and will provide a bid preference to any bidder who certifies that Bidder qualifies as a

Washington Department of Veterans’ Affairs Certified Veteran-Owned Business under RCW

43.60A.190.

Bidders may contact the Washington State Department of Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned businesses or to become a Certified Veteran-

Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. If you qualify as a Washington Small Business, identify yourself as such in

WEBS and on the Contract Intake Form attached to your proposal.

https://app.leg.wa.gov/rcw/default.aspx?cite=43.60A.190 https://app.leg.wa.gov/rcw/default.aspx?cite=43.60A.190 https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search http://www.dva.wa.gov/

RFQ No. 2025-05 Page 25 of 63

D.3.ii. Preference Related to Washington Small Businesses

In furtherance of Washington’s business inclusion goals OSPI will evaluate bids for best value and will provide a bid preference to any bidder who certifies that Bidder qualifies as a

“Washington Small Business” as set forth in RCW 39.26.010 and below. If you qualify as a

Washington Small Business, identify yourself as such in WEBS and on the Contract Intake Form attached to your proposal. Contact WEBS Customer Service at 360-902-7400 for assistance.

• Bidder’s principal office/place of business must be located in and identified as being in the State of Washington. A principal office or principal place of business is a firm’s headquarters where business decisions are made and the location for the firm’s books and records as well as the firm’s senior management personnel.

• Bidder must be owned and operated independently from all other businesses and qualify as one of the following:

o Small Business – i.e.,

▪ Bidder has fifty (50) or fewer employees; or

▪ Bidder has an annual gross revenue of less than $7,000,000 as reported on Bidder’s federal income tax return or its return filed with the

Washington State Department of Revenue over the previous three (3) consecutive years.

o Minibusiness – i.e., Bidder has an annual gross revenue of less than $3,000,000, but $1,000,000 or more, as reported on Bidder’s federal income tax return or its return filed with the Washington State Department of Revenue.

o Microbusiness – i.e., Bidder has an annual gross revenue of less than $1,000,000 as reported on Bidder’s federal income tax return or its return filed with the

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