S-DASOBO-00014512_IEP_ComplaintResolution_RFP_Final.doc

State of Oregon

Cover Page Department of Administrative Services, Procurement Services, on behalf of the Oregon Department of Education Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00014512 for Special education individualized education program complaint resolution services Date of Issue: July 31, 2025 Opening Date and Time (Proposals Due): September 3, 2025 Single Point of Contact (SPC):

Jennifer Jolley, State Procurement Analyst Address:

1225 Ferry St Ne City, State, Zip Salem, OR 97301 Phone (voice) 971-900-7695 E-mail:

jennifer.jolley@das.oregon.gov 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.

Table of Contents

5SECTION 1:

GENERAL INFORMATION

51.1

INTRODUCTION

61.2

SCHEDULE

61.3

SINGLE POINT OF CONTACT (SPC)

6SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

62.1

AUTHORITY AND METHOD

62.2

DEFINITION OF TERMS

72.3

OVERVIEW, BACKGROUND, AND PURPOSE

72.4

SCOPE OF WORK/SPECIFICATIONS

8SECTION 3:

PROCUREMENT REQUIREMENTS

83.1

MINIMUM QUALIFICATIONS

93.2

MINIMUM SUBMISSION REQUIREMENTS

93.3

PROPOSAL REQUIREMENTS

12SECTION 4:

ROUND 1 SOLICITATION PROCESS

124.1

PUBLIC NOTICE

124.2

PRE-PROPOSAL CONFERENCE

124.3

QUESTIONS / REQUESTS FOR CLARIFICATIONS

124.4

SOLICITATION PROTESTS

134.5

PROPOSAL DELIVERY OPTIONS

134.6

PROPOSAL MODIFICATION OR WITHDRAWAL

144.7

PROPOSAL DUE

144.8

PUBLIC OPENING

144.9

PROPOSAL REJECTION

144.10

EVALUATION PROCESS

154.11

POINT AND SCORE CALCULATIONS

164.12

RANKING OF PROPOSERS

174.13

ADDITIONAL ROUNDS

174.14

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

17SECTION 5:

AWARD AND NEGOTIATION

175.1

AWARD NOTIFICATION PROCESS

175.2

INTENT TO AWARD PROTEST

185.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

195.4

PRICE AGREEMENT NEGOTIATION

20SECTION 6:

ADDITIONAL INFORMATION

206.1

CERTIFIED FIRM PARTICIPATION

216.2

GOVERNING LAWS AND REGULATIONS

216.3

OWNERSHIP/PERMISSION TO USE MATERIALS

216.4

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

216.5

COST OF SUBMITTING A PROPOSAL

216.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

216.7

RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G SUBCONTRACTOR USE

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon (“State”), acting by and through the Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of the Oregon Department of Education (“Agency” or “ODE”), is issuing this Request for Proposals under the provisions of ORS 279B.060. This RFP follows a previously issued RFP (RFP S-DASOBO-0005734, issued on March 6, 2023), which included the following services:

· IEP Facilitation

· Complaint Resolution Services

· Mediation Services

This RFP is to obtain additional providers for Complaint Resolution Services only.

Pursuant to Section 2.1, Authority, of the previous RFP, DAS SPS retained the authority to re-issue an RFP to add additional providers and award Price Agreements. DAS SPS is now re-issuing that RFP.

NOTE TO POTENTIAL PROPOSERS: If you or your company submitted a proposal in response to the previously released RFP (S-DASOBO-0005734) and were awarded a Price Agreement, a new proposal does not need to be submitted in response to this RFP. A Proposal should only be submitted for the following reasons:

· If you-or your company proposed on the previously issued RFP a Price Agreement for Services other than Complaint Resolution Services, and would now like to propose on Complaint Resolution Services, you may submit a proposal in response to this RFP.

· If you or your company did not propose during the previous RFP, and now wish to submit a Proposal to be considered for Complaint Resolution Services.

· If you or your company were not awarded a Price Agreement as a result of the previously issued RFP, you may submit a Proposal for Complaint Resolution Services.

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

DAS PS anticipates the award of multiple Price Agreements from this RFP. The initial term of the Price Agreement is anticipated to be 3 years, or September 1, 2028, whichever is earliest, however, DAS SPS and Agency may amend Special Procurement #S-DASOBO-000003543 to extend the term.

Agency may issue Service Order Contracts (each a “Service Order Contract” or “SOC”) pursuant to a Price Agreement awarded under this RFP throughout the Price Agreement term. Each SOC in effect at the time of Price Agreement termination may remain in effect for one (1) year following the Price Agreement termination if the required services under the SOC have not been completed as of the date of the Price Agreement termination. Any purchases under the Price Agreement must be authorized by SOC issued by Agency in accordance with the ordering procedures described in the Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific number of purchases under the Price Agreement.

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.

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

DAS SPS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-0170(2) and Special Procurement No. S-DASOBO-00003543.

DAS SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS PS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

If DAS SPS and Agency determines that additional Agreements are required after this RFP process is complete, approved Special Procurement No. S-DASOBO-00003543 outlines an alternative, shortened procurement process to add additional Price Agreements.

2.2 DEFINITION OF TERMS

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

Terminology specific to the OregonBuys system may be found at: https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf “Individualized Education Program” or “IEP” means a written statement of an educational program which is developed, reviewed, revised, and implemented for a school-aged child with a disability.

2.3 OVERVIEW, BACKGROUND, AND PURPOSE

ODE fosters equity and excellence for every learner through collaboration with educators, partners, and communities. ODE oversees the education of over 560,000 students in Oregon’s public K-12 education system. ODE supports and monitors programs that provide direct services to diverse learners and assists in the development of strategies to address unique learning differences. ODE’s Office of Enhancing Student Opportunities (OESO) oversees programs that include special education, early childhood/early childhood special education, accountability and program compliance, capacity building and partnerships with community stakeholders. This work is designed to ensure that all students with disabilities are provided an education that meets their needs. The focus allows learners to demonstrate their skills and to benefit from participation in meaningful venues as they prepare to become contributing members of the adult community.

The Individuals with Education Act (IDEA), as amended in 2004 (IDEA 2004-PL 108-446), is a federal law governing special education services and federal funding for eligible infants, toddlers, children, and youth with disabilities across the country. Children and youth (ages 3-21) receive special education and related services under IDEA, Part B. Infants and toddlers with disabilities (age’s birth-2) and their families receive early intervention services under IDEA Part C. In Oregon, IDEA funds helped support the education of over 85,000 children with disabilities in the past year.

OESO has certain supervision and monitoring responsibilities under the IDEA. As part of this responsibility, ODE is required to offer a variety of dispute resolution options including mediation, written state complaints, and due process complaints.

The purpose of this RFP is to establish one or more Price Agreements with qualified and impartial providers for non-adversarial dispute prevention and resolution services in which a neutral third-party guides participants through a facilitated IEP meeting process, to assist IEP team members in developing a mutually agreeable IEP that meets the needs of the student and preserves the relationship between the parent and the school district so that the formal dispute resolution options are not necessary.

2.4 SCOPE OF WORK/SPECIFICATIONS

The successful Proposer(s) entering into Price Agreements with DAS SPS and SOCs with Agency will be required to provide Services, including those listed below:

Complaint Resolution Services

· Interviewing parents, students, staff and others about the complaint. These will at times need to be in-person.

· Writing correspondence to school districts, parents or others.

· Consulting with employees of Agency.

· Reviewing student records and other documents.

· Organizing the record evidence from an investigation.

· Preparing and delivering a Request for Response and draft order with findings of fact supported by the evidence, conclusions, a discussion of the conclusions, and corrective action when appropriate.

A detailed description of the required tasks and deliverables listed in Attachment A, Sample Price Agreement, Exhibit A, Scope of Work (SOW).

Proposers who are awarded a Price Agreement as a result of this RFP will be paid $150/hour for work ordered by Agency, which does not include travel expenses. If Agency agrees to reimburse Contractor for travel or other expenses, Agency shall reimburse Contractor only for preapproved expenses, pursuant to the Oregon Accounting Manual:

https://www.oregon.gov/das/Financial/Acctng/Documents/40.10.00.pdf.

Proposers, if awarded a Price Agreement, may be required to, if deemed necessary by the Agency, to submit and pass a background check. If a background check is required, Agency will provide the details in their SOC.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section. Proposer may employ or subcontract with one or more key persons, so long as key person(s) or Proposer meets all requirements of this Section 3.1 Minimum Qualifications.

3.1.1 Complaint Resolution Services – Key Person Minimum Requirements

· Law degree or graduate degree in special education or related field and at least five (5) years’ experience in applying special education law. Proposer may substitute 2 of the 5 years required applying special education law, with State Agency investigation services.

· Four (4) years’ experience reviewing student records and interviewing parents, students and staff.

· Proposer must have sufficient availability to conduct interviews when required, either during or after Business Hours. (For purposes of this RFP, “Business Hours” are Monday through Friday, from 8:00 am to 5:00 pm, Pacific Time, except for holidays recognized by the State of Oregon.)

Proposer must not be employed by any educational agency, law firm providing legal services related to the education industry that may have potential conflicts with providing the services requested, or advocacy group at the time of contract award.

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):

· Disclosure Exemption Affidavit (Attachment B) – If applicable

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check Form (Attachment D)

· Certified Disadvantaged Business Outreach Plan (Attachment E)

· Responsibility Inquiry (Attachment F)

· Subcontractor(s) (Attachment G) (If Proposer is using subcontractors)

· Summary of Qualifications

· Key Persons and Resumes

3.2.2 Proposal Format

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 C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: searchable Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). Please DO NOT attach documents in Mac format. For example, do not send a Number file rather than Excel file, or a Pages file rather than a Word file. 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 B). Proposer shall provide a fully redacted version of their proposal and also mark as “Confidential” in OregonBuys (if submitting Proposal via OregonBuys) all attachments to its Proposal that Proposer believes are exempt from disclosure.

3.2.3 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by DAS SPS.

3.3 PROPOSAL REQUIREMENTS

Proposals must address each of the items listed in this section and all other requirements set forth in this RFP. Proposals must demonstrate that Proposer has the skills, experience, knowledge and qualifications to provide the services requested in this RFP. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposals 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. Proposals should be straightforward and address the requests of the RFP. Proposals 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 C).

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

3.3.2 Responsibility Inquiry

Proposer shall complete and submit with Proposal a signed Responsibility Inquiry (Attachment F).

3.3.3 Technical Proposal

Proposer shall include each of the following sections (3.3.3.1 through 3.3.3.4) in Proposer’s Technical Proposal. Failure to not include any section listed below in this section 3.3.3, may result in the rejection of Proposer’s Proposal by DAS SPS.

Subcontractor Use

If Proposer intends to use subcontractor(s) to provide any of the Services or to meet any of the minimum requirements, Proposer shall fill out and submit with their proposal Attachment G, Subcontractor sheet. Proposer only needs to submit one Attachment H, with all subcontractors used for each Service proposed. Proposer must be sure it is clear what subcontractor is for which Service.

Summary of Experience and Qualifications Proposers must include in its Proposal a summary of experience and qualifications, no more than two (2) pages in length, demonstrating how Proposer is qualified to provide the services described in this RFP to include the following:

· A description of how Proposer meets the Minimum Qualifications identified in section 3.1

· The number of years Proposer has provided the services described in this RFP

· How Proposer’s experience and qualifications prepare Proposer to provide the Services described in this RFP

· Proposer’s knowledge and understanding of special education law and how it is applied in Oregon schools

· Proposer’s ability to remain neutral while providing facilitation services

· Proposer’s ability to firmly and fairly ensure that appropriate communication norms are followed during facilitated meetings

· Proposer’s knowledge of specific skills and strategies in resolving conflicts;

· Proposer’s skill and experience in conducting or participating in IEP meetings

· Proposer’s ability to communicate clearly and concisely

Writing Sample

(For Complaint Resolution Services only). Proposer shall submit with its Proposal a writing sample, no more than three (3) pages in length, demonstrating their understanding of special education law as it relates to providing Complaint Resolution Services. Any pages over the three-page limit will not be provided to the Evaluation Committee for review. The writing sample must at a minimum demonstrate the following:

· Proposer’s knowledge, understanding and application of special education law and how its applied to Oregon Schools.

· Proposer’s professional level, proofreading and formatting skills.

· Proposer’s ability to be neutral and objective when providing Services.

· Proposer’s skill in factual report writing and application of rules and facts.

· Proposer’s ability to communicate clearly and concisely.

Key Persons and their Resumes

Proposer shall identify key person(s) to be assigned to the Work to include a description of each key person(s) qualifications to deliver the services required in the RFP. If Proposer is an individual and will provide services directly to Agency, then Proposer is deemed to be a key person and must also submit the information required in this section.

Proposer must include a resume (not to exceed 2 pages each) for each key person(s) that will be assigned to provide the Services described in this RFP. Key Person resumes must include the following:

· Years and general subjects of education and training

· A description of work experience and qualifications relevant to the Services described in the RFP, to include but not limited to: years of work experience, job title, employer, and a brief description of duties

· Credentials such as, licenses, degrees, and certifications. Proposer shall include the following for each license or certificate, which are current, and in good standing, (these will not count as part of the maximum 2 pages):

· Licensing body.

· Date issued.

· Status; and

· Identifying license number

3.3.4 References

Proposer shall provide three (3) references, on the provided Attachment D, Reference Form, from current or former client firms for similar projects performed for any clients within the last five (5) years. References must be able to verify the quality of previous, related Work.

References will not be scored, however, references may be checked to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. DAS PS may use references to obtain additional information, or verify any information needed. DAS PS may contact any reference (submitted or not) to verify Proposer’s qualifications.

SECTION 4: ROUND 1 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.

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 not be held for this RFP.

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 an OregonBuys submission or 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).

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

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 proposed Sample Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Price Agreement marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 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:

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

· evidence or documentation that supports the grounds on which the protest is based.

· 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. DAS SPS is not responsible for any delays in mail or by common carriers 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 OregonBuys Proposal submission should be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf Proposer’s Proposal must follow the formatting instructions provided in Section 3.2.2 Proposal Format above.

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, Proposer must do so in OregonBuys prior to the 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 PUBLIC OPENING

A public Opening will not be held for this RFP. However, DAS SPS will make available only the names of each Proposer who submitted a Proposal, no other information will be made available. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION

DAS SPS 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 the State’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).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

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, DAS SPS may waive mistakes in accordance with OAR 125-247-0470.

Responsibility Determination

DAS SPS will determine if an apparent successful Proposer is Responsible prior to Award and execution of the Price Agreement. At any time prior to Award, DAS SPS may reject a Proposer found to be not Responsible.

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and DAS SPS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation item listed 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.

4.11 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 50) assigned by each evaluator.

Points possible for each evaluation item are listed in the table below:

The SPC will average all scores for each evaluation item.

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). After all applicable preferences have 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.

DAS SPS may, in DAS SPS’ sole discretion, determine an apparent successful Proposer(s) with no additional rounds of competition. If additional rounds are conducted, DAS SPS will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer(s) at any time during the solicitation process.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS SPS may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

· Interviews

· Additional Submittal Items

· Discussions and submittal of revised Proposals

· Serial or simultaneous Negotiations

4.12.1 Competitive Range Determination

If DAS SPS, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at DAS SPS’ sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. DAS SPS will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

4.12.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:

· Be emailed to the SPC.

· Reference the OregonBuys bid number.

· Identify Proposer’s name and contact information.

· Be sent by an authorized representative

· State the reason for the protest; and

· Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

DAS SPS will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by DAS SPS.

4.13 ADDITIONAL ROUNDS

If DAS SPS and Agency determines it is in the best interest of the State to hold additional rounds of competition, those Proposers progressing to a subsequent round will be invited to participate via the Competitive Range notice. The possible additional rounds of competition are detailed in Section 4.12 above.

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS SPS conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS SPS, if it awards a Price Agreement, will award a Price Agreement to the Responsible Proposer(s) who meet or exceed the minimum requirements and who score 65 points or higher of the total points for each Service Type proposed, based upon the scoring methodology and process described in Section 4. DAS SPS may, at its option, prioritize the award of Price Agreements in the order of the highest-ranking proposals first. DAS SPS anticipates awarding multiple Price Agreements, provided the Contractor(s) meet all the requirements of this RFP.

5.1.2 Intent to Award Notice

DAS SPS will notify all Proposers in Writing that DAS SPS intends to award a Price Agreement to the selected Proposer(s) subject to successful Negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Price Agreement Award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

· All higher ranked Proposals are non-Responsive.

· DAS PS has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

· DAS PS abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

· DAS PS’ evaluation of Proposal or determination of Award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If DAS SPS receives only one Proposal, DAS SPS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and Award.

Protest Requirements Protests must:

· Be delivered to the SPC via email.

· Reference the OregonBuys bid number.

· Identify Proposer’s name and contact information.

· Be signed by an authorized representative of Proposer.

· Specify the grounds for the protest.

· Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

DAS SPS will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by DAS SPS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Price Agreement Award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to Award, Proposer shall secure and demonstrate to DAS PS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

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

5.3.3 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 Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for Award and the Price Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to DAS PS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Price Agreement.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the Award of a Price Agreement under this RFP, Proposer must certify by its Signature on Attachment C - 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.

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, DAS SPS may enter into Price Agreement 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 Price Agreement (Attachment A), with the exception of those terms listed below for Negotiation.

Proposer shall review the attached Sample Price Agreement.

If DAS SPS intends to make any changes to the Sample Price Agreement, DAS SPS will issue an Amendment to notify Proposers of such changes. Unless DAS SPS issues an Amendment modifying any of the terms and conditions, DAS SPS intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).

Following the selection of the apparent successful Proposer(s), DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Price Agreement listed below. However, DAS SPS 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.

DAS SPS is willing to negotiate ONLY the Statement of Work and the following terms and conditions:

· Price Agreement Term In the event that the parties have not reached mutually agreeable terms within 14 calendar days, DAS SPS, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

5.4.2 Contractor Selection Methodology

In the event multiple Price Agreements are awarded, Agency will use the following methodology to determine from which Contractor to purchase:

· Agency will issue an electronic notice (the” Notice”) to all Contractors holding a Price Agreement for the services type applicable to the service order. The Notice will include the following:

· A description of the school district, any legal representation involved, main issues, and any other pertinent information.

· Contractor response and submission requirements.

· Contractor evaluation and award or selection process.

· Contractors are given 12 hours to respond or as otherwise set out in the Notice.

· If 2 or more contractors respond, ODE will use a rotational process, unless there is a conflict – for example, the contractor previously was employed by an attorney that is now involved in the case. If Contractor does have a conflict, the Contractor will not be chosen for that particular SOC.

· Of the Contractors who respond to the Notice, Agency will take the following into consideration:

· How recently a Contractor has provided the Services.

· Who may have availability pertaining to any special details with the request (for example, a time constraint or special knowledge set).

While this is generally how facilitator selection works, there are occasions where both parties jointly request a particular contractor in its initial request for a facilitated IEP meeting. When this happens, the Agency tries to honor the request.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, the State 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. the State 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 Price Agreement has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment E) prior to execution.

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 DAS SPS 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 State. 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 Price Agreement, 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, DAS SPS 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 DAS SPS or 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 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

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 Price Agreement. (ORS 279B.025) DAS Procurement Services, Version 4.4 July 1, 2021