S000000308 Special Education Hearing Officers RFQ.pdf

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

REQUEST FOR QUALIFICATIONS

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000308 Solicitation Issued: March 12, 2024

Description: Special Education Hearing Officers

Department: Arkansas Department of Education (ADE)

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Proposal Opening Date: April 9, 2024 Proposal Opening Time: 2:00 PM, Central Time

Proposal submissions for this Request for Proposal must be submitted through ARBuy, the State’s eProcurement system. It can be accessed at arbuy.arkansas.gov. Proposals received after the submission deadline may be rejected as untimely.

LIVE PROPOSAL OPENING INFORMATION

Teams Meeting Link: Click here to join the meeting Meeting ID: 298 000 401 157 Passcode: 6Y3fZM Call in (audio only): 501.244.3310 or find a local number

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist: Austin McClane Procurement Specialist’s

Direct Phone Number: 501-371-6156

Email Address: Austin.McClane@arkansas.gov TSS OSP’s Main Number: 501-324-9316

TSS OSP Website: transform.ar.gov/procurement/ https://arbuy.arkansas.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjlkZTljZmItYTJkZi00Yzc4LWExYzUtMTU5ODBhYzZiOGUx%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%2276b67dc6-870d-48b1-861f-b3cbdd49eeb2%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 mailto:Austin.McClane@arkansas.gov https://www.transform.ar.gov/procurement/

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

The Office of State Procurement (OSP) issues this Request for Qualifications (RFQ) on behalf of the ADE-DESE is to establish a list of qualified Impartial Hearing Officers who will conduct hearings, possess knowledge of both Federal and State regulations of the IDEA, render and write decisions in accordance with appropriate, standard legal practice.

1.2 TYPE OF CONTRACT

A. As a result of this RFQ, OSP intends to list multiple Contractors on the Qualified Vendors List.

B. The anticipated starting date for any resulting QVL is July 1st, 2024, except that the actual QVL start date may be adjusted forward unilaterally by the State for up to three calendar months. By submitting a signed response to the RFQ, the Prospective Contractor represents and warrants that it will honor its response as being held open as irrevocable for this period.

C. The initial qualification term of a resulting QVL will be for four (4) years. The State may renew a Prospective Contractor’s qualification status for up to three (3) additional one-year terms or portions thereof, not to exceed a total aggregate QVL term of seven (7) consecutive years.

1.3 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. “Prospective Contractor” means a responsible offeror who submits a proposal in response to this Solicitation.

C. The terms “Request for Proposal,” “RFP,” and “Solicitation” are used synonymously in this document.

D. “Requirement” means a term, condition, provision, deliverable, Specification, or a combination thereof, that is obligated under the Solicitation, resulting contract, or both.

E. “Responsive Proposal” means a proposal submitted in response to this Solicitation that conforms in all material respects to this RFP.

F. “Shall” and “must” mean the imperative and are used to identify Requirements.

G. “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. “Specification” may include a description of any Requirement for inspecting, testing, or preparing a commodity or service for delivery.

H. “State” means the State of Arkansas. When the term “State” is used herein to reference any obligation of the State under a contract that results from this Solicitation, that obligation is limited to the Department using such a contract.

1.4 SOLICITATION SCHEDULE

For informational purposes, TSS OSP is providing a Solicitation Schedule; however, dates listed and noted with an asterisk (*) are anticipated dates only and are subject to change at the discretion of the State. All times are listed in Central Time.

TABLE A: TENTATIVE SOLICITATION SCHEDULE

ACTIVITY DATE

RFQ Release to Prospective Contractors March 12, 2024 Deadline for Prospective Contractor Questions March 19, 2024 Answers to Questions Posted to ARBuy* March 26, 2024 Response Due Date April 9th, 2024 @ 2 pm Central Initial Proposal Evaluation* April 12, 2024 Interviews* April 15 – April 16, 2024 Final Evaluation April 22, 2024 Post Anticipation to Award* April 26, 2024 Award Contract* June 1, 2024

1.5 CLARIFICATION OF SOLICITATION

A. Submit questions requesting clarification of information contained in this Solicitation via the Solicitation posting in ARBuy by the date and time listed in Table A.

1. For each question submitted, Prospective Contractor should reference the specific Solicitation item number to which the question refers, as applicable.

2. Prospective Contractors’ written questions will be consolidated and responded to by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting in ARBuy by the close of business on the date provided in Table A. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the TSS OSP Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a compliant, Responsive Proposal. Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a proposal.

C. Prospective Contractors may contact the TSS OSP Procurement Specialist with non-substantive questions at any time prior to the proposal opening.

D. An oral statement by TSS OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS OSP.

E. Only an addendum written and authorized by the State will modify the Solicitation.

1. An addendum posted within three (3) calendar days prior to the proposal opening may extend the proposal opening and may or may not include changes to the Solicitation.

1.6 QUALIFIED VENDOR LIST SELECTION

All Prospective Contractors determined through evaluation to have met the minimum qualifications of this solicitation and receiving a minimum technical score of 375 will be included on the QVL.

1.7 RESPONSE DOCUMENTS

A. All proposal responses must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at arbuy.arkansas.gov.

1. Prospective Contractors must be registered in ARBuy to submit proposals responses.

B. Technical Proposal Packet https://arbuy.arkansas.gov/

1. Prospective Contractors shall utilize the Technical Proposal Packet to submit their responses.

2. The following items are proposal Submission Requirements and must be submitted as part of a Prospective Contractor’s proposal response.

a. Signed Proposal Signature Page; signature may be ink or digital.

b. Technical Proposal response to the Information for Evaluation section included in the Technical Proposal Packet, which must be in the English language.

c. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-11-104, OSP requires a Prospective Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s Equal Opportunity (EO) Policy.

ii. Prospective Contractors not required by law to have an EO Policy must submit a written statement to that effect.

d. Proposed Subcontractors Form (see SRV-1, section 14)

3. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s proposal:

a. EO 98-04: Contract and Grant Disclosure Form (see SRV-1, section 11)

4. Prospective Contractors should not include any other documents or ancillary information, such as a cover letter or promotional/marketing information.

C. Redacted copy of the Technical Proposal Packet

1. One (1) redacted (marked “REDACTED”) copy of the Prospective Contractor’s proposal response (see Proprietary Information), if applicable.

D. Prospective Contractors should not alter language in Solicitation document(s) provided by the State.

E. Prospective Contractor’s proposals cannot be altered or amended after the proposal opening except as permitted by law or rule.

F. Prospective Contractors may submit multiple proposals.

https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf

SECTION 2 – REQUIREMENTS

2.1 BACKGROUND AND CURRENT ENVIRONMENT

The Special Education Unit of the Arkansas Department of Education-Division of Elementary and Secondary Education (ADE-DESE) is responsible for providing an Impartial Due Process Hearing to persons alleging a violation of the Individuals with Disabilities Education Act (IDEA) relating to the identification, evaluation, or educational placement of a child with a disability, or the provision of a Free Appropriate Education to the child. An Impartial Due Process Hearing must be conducted by an Impartial Hearing Officer who is not an employee of the state agency but is paid by the state agency pursuant to contract.

2.2 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. The Contractor shall hold a law degree and be licensed to practice law in the State of Arkansas and have had paid professional experience in education, special education, educational administration, psychology, or a related field.

B. The Contractor shall have knowledge of and the ability to understand the provisions of the Act, Federal and State regulations pertaining to the Act, and legal interpretations of the Act by Federal and State courts.

C. The Contractor shall have knowledge and ability to conduct hearings in accordance with standard legal practice.

D. The Contractor shall have knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.

E. The Contractor shall demonstrate competencies in due process, special education law, effective writing and speaking, decision-making, and related areas, as evidenced through verified experience.

F. The Contractor shall accept the determined rate being paid to Impartial Hearing Officers by ADE- DESE as shown in Attachment A.

2.3 CRITERIA FOR CONTINUED ELIGIBILITY

A. To maintain eligibility on the impartial due process hearing officer rotation list and to be eligible to be selected for the impartial hearing officer rotation list in subsequent years, an individual shall continue to meet the established minimum qualifications.

B. Individuals utilized during the previous renewal cycle shall have:

1. Attended all periodic in-service training offered by the Arkansas Department of Education, unless attendance is waived due to extenuating circumstances.

2. Formally decline no more than three (3) appointments offered (excluding expedited hearings) between July 1 and June 30 (Note: declining a case in which a conflict of interest precludes acceptance of appointment is not counted as a declined appointment. The Arkansas Department of Education may allow a larger number of appointments to be declined in the event of extenuating circumstances.)

3. Demonstrate the ability to accurately interpret the Act.

4. Demonstrate procedural compliance with the requirements of the Act and Arkansas Special Education rules and regulations; and

5. Demonstrate administrative efficiency and economy in the conduct of due process hearings (as evidenced in hearing records, transcripts, and written decisions

C. Eligibility to be on the list for one year does not guarantee continued eligibility for inclusion on the list in subsequent years.

2.4 PROCEDURE

A. The Arkansas Department of Education will evaluate each impartial due process hearing officer on an ongoing basis in accordance with the established criteria for continued eligibility. Failure to satisfy the established criteria may result in the removal of an individual’s name from the list of impartial hearing officers at any time. The Arkansas Department of Education will contact the impartial hearing officer if any issues arise.

B. The Arkansas Department of Education will conduct quarterly and annual reviews of the impartial hearing officer’s performance based on the following information:

1. The extent of participation in any in-service training conducted or required by the Arkansas Department of Education.

2. The number of cases declined between July 1 and June 30 (excluding expedited hearings and cases in which a conflict of interest precluded acceptance of the appointment);

3. The timeliness of conducting the due process hearing and rendering a written decision; and

4. Feedback from participant surveys

C. Upon completion of the annual review and no later than June 1, the Arkansas Department of Education will determine whether the impartial hearing officer continues to meet the established requirements for continued eligibility and notify the individual accordingly.

D. An impartial hearing officer who has satisfied the established criteria for continued eligibility will be asked if he or she would like to be included on the list for the upcoming year. The individual may accept or decline the opportunity.

2.5 TRAINING

A. The Contractor shall attend annual in-service training(s) conducted or sponsored by the Arkansas

Department of Education for impartial hearing officers.

B. The Arkansas Department of Education will notify impartial hearing officers of the in-service training within a reasonable time and may waive an individual’s attendance at the in-service training when extenuating circumstances exist.

2.6 CONFLICTS/BIAS

A. The Contractor shall complete an ADE sponsored training program specifically for Impartial Due

Process Hearing Officers.

B. The Contractor shall be sufficiently free of other obligations to complete the duties and responsibilities of the Impartial Due Process Hearing Officer, including conducting Impartial Due Process Hearings that may require in-state travel.

C. The Contractor shall adhere to timelines and render decisions within a timely manner as required by Federal and State regulations.

D. An impartial due process hearing officer shall recuse himself/herself from both real and perceived conflicts of interest.

E. The impartial hearing officer shall not participate in a hearing where a party is a member of his/her household, a close relative, the employer of his/her spouse, parent or dependent child, someone with whom he/she has a business relationship, or a former employer (within the past year).

F. If, however, the impartial hearing officer determines that no reasonable person knowing all the facts would question his/her impartiality, the impartial hearing officer may proceed with the hearing after disclosing to the parties the relationship and explaining the reasons why he/she does not believe there is a conflict.

G. An impartial hearing officer shall not participate in any conduct during the hearing that presents the appearance of or demonstrates actual bias in favor of or against one of the parties. For example, it is improper for an impartial hearing officer to eat lunch with a representative of one party during the course of the hearing. If a party or witness alleges that the impartial hearing officer is biased during the course of the hearing, the hearing officer shall document the allegation(s) and his/her response on the record.

H. In the event that an impartial hearing officer agrees with the request for recusal, upon request of a party and agreed to by the opposing party, the Arkansas Department of Education will assign another impartial hearing officer to the case and will try to utilize the dates already scheduled for the proceedings. Once the Arkansas Department of Education has assigned another impartial hearing officer, the case will continue to its conclusion.

2.7 MEETING TIMELINES

A. An impartial due process hearing officer shall comply with all legal and contractual timelines.

B. Promptly after being assigned a case, the impartial hearing officer shall schedule and hold a prehearing conference, unless the interests of justice require otherwise.

1. At the pre-hearing conference the impartial hearing officer may:

a. Advise the parties of Hearing Procedures

b. Explain applicable burdens of proof.

c. Discuss and clarify the issues on which the hearing will be held.

d. Stipulate to facts not in dispute.

e. Explore settlement options.

f. Discuss the number of witnesses.

g. Submit the order of witnesses, showing the expected length of direct and cross examination for each witness.

h. Arrange for telephone testimony.

i. Make discovery requests.

j. Rule on outstanding motions

k. Rule on the admissibility of exhibits

l. Obtain stipulations of fact and stipulations as to the authenticity of documents

m. In special education cases, determine whether the parent has been provided the opportunity to inspect their child’s educational records.

n. Determine the timing and manner by which evidentiary disclosures will be made.

o. Determine the manner and date by which subpoenas must be requested.

p. Discuss other issues associated with the hearing, including:

i. In hearings involving a child, whether the child will be present.

ii. Whether witnesses should be sequestered

iii. Whether a participant requires special accommodations, assistive technology, or an interpreter to participate in the hearing process.

iv. Whether closing submissions will be oral or submitted in writing

v. Any other matters of importance the parties would like to bring to the hearing officer’s attention.

2. If a party fails to appear for a pre-hearing conference, the impartial hearing officer may proceed with the conference and may also dismiss the case or rule by default for the opposing party.

3. At the discretion of an impartial hearing officer, a pre-hearing conference may be conducted by telephone.

4. After the pre-hearing conference, the impartial hearing officer will prepare a letter summarizing the matters discussed, agreed upon or otherwise decided during the conference. This letter will serve as a pre-hearing order, will control the balance of the proceedings and will become part of the administrative record.

C. For hearings conducted under 34 C.F.R. §§ 300.507 through 300.513, the impartial hearing officer shall render a final decision no later than 45 days after the expiration of the 30-day period under 34 C.F.R. § 300.510(b), or the adjusted time periods described in 34 C.F.R. § 300.510(c), unless the deadline for a final decision has been extended by the impartial hearing officer at the request of a party as provided by 34 C.F.R. §300.515(c).

D. The impartial hearing officer shall only permit extensions upon the request of a party and shall not grant an extension without a request from a party.

E. If an extension of time is granted, the impartial hearing officer shall render a written order stating the good cause grounds for the extension and the specific date by which the final decision is due. The written order must be mailed to the parties within five business days of the date on which it is rendered.

F. The impartial hearing officer shall email all orders extending the timeline for rendering a final decision and all dispositive orders (e.g., orders of dismissal, summary judgment orders, orders following a hearing, etc.), to the Arkansas Department of Education on the day that the order is rendered.

G. For hearings requested under 34 C.F.R. § 300.532, the impartial hearing officer shall conduct the hearing in an expedited matter within 20 school days of the date the complaint requesting the hearing is filed and render a decision within 10 school days after the hearing as provided by 34 C.F.R. § 300.532(c). The impartial hearing officer shall not grant any extensions of time in a hearing requested under 34 C.F.R. § 300.532.

H. The impartial hearing officer shall mail a final written decision or any dispositive order to the parties on the date the decision or order is rendered.

I. The impartial hearing officer shall return individual case files to the Arkansas Department of Education within 15 days of rendering a final decision or a dispositive order that disposes of all of the issues in a hearing.

J. Upon notification that the Arkansas Department of Education has received a request for a document pursuant to the Arkansas Freedom of Information Act, the impartial hearing officer shall provide the relevant document to the Arkansas Department of Education immediately.

2.8 CONTINUANCES

A. All hearings must be held within the statutory timelines unless the impartial hearing officer grants specific extensions of time.

B. Impartial hearing officers are encouraged not to allow parties to automatically waive timelines.

Continuances must be the exception, not the rule. Extensions of time can only be granted on a case-by-case basis.

C. Except in extraordinary circumstances, parties seeking a continuance are requested to make such written request to the impartial hearing officer at least five (5) business days before the scheduled hearing date. It is preferable, although not required, that both parties agree to a continuance in order for a hearing to be continued.

D. If the impartial hearing officer allows the continuance, the hearing officer shall issue a new hearing date by order to both parties with a copy to the Arkansas Department of Education. The order must indicate who requested the continuance, the reason for the continuance, the date the matter was continued to, and the new end date on which the final decision is due.

E. A continuance must not occur if the impartial hearing officer does not issue an order allowing the continuance.

F. The impartial hearing officer shall return individual case files to the Arkansas Department of Education within 15 days of rendering a final decision or a dispositive order that disposes of all of the issues in a hearing.

2.9 CONDUCTING HEARING

A. There is no standard model for a formal administrative hearing. It should have dignity and order similar to a judicial proceeding but should be conducted less formally. The organization and form of a hearing depends on the type of case, the relevant statutes and regulations, the issues, the number of witnesses, agency past practice, and the impartial hearing officer’s preference. The goal is to develop a fair, accurate, and concise record. The hearing should move as rapidly as possible, consistent with the fundamentals of fairness, impartiality, and thoroughness.

B. Impartial hearing officers have the duty and power to:

1. Administer the oath or affirmation to anyone who will testify at the hearing.

2. Assist all those present in making a full and free statement of the facts in order to bring out all the information necessary to decide the issues involved and to determine the rights of the parties.

3. Ensure that all parties have a full opportunity to present their claims orally, or in writing, and to get witnesses and evidence to establish their claims.

4. Receive, rule on, deny, or limit evidence.

5. Introduce into the record any regulations, statutes, memoranda, or other materials relevant to the issues at the hearing.

6. Change the date, time, or place of the hearing at the mutually agreeable request of the parties and continue the hearing to a subsequent date to permit either party to produce additional evidence, witnesses, and other information, in adherence with regulatory timelines.

7. Request a statement of the issues and define the issues.

8. Regulate the presentation of the evidence and the participation of the parties for the purpose of ensuring an adequate and comprehensible record of the proceedings.

9. Regulate the presentation of the evidence based on disclosed issues. Parties should not present evidence on an undisclosed issue

10. Issue subpoenas upon request of any party to secure the presentation of evidence or testimony.

11. Examine witnesses and ensure that relevant evidence is secured and introduced.

12. Rule on any requests or motions that may be made during the course of the proceedings.

13. Order additional evaluations at public expense under appropriate circumstances

14. Order written briefs to be submitted by the parties, establish the issues to be addressed by the briefs and set the deadline for their submission.

15. Reconvene the hearing for any purpose at any time prior to the issuance of a decision or pursuant to a post-hearing motion.

16. Ensure that all participants conduct themselves in an appropriate manner.

C. Hearings should adhere to the following agenda, which may be modified at the impartial hearing officer’s discretion:

1. Formal Call to Order

a. Date, time and place

b. Statement such as: “We are here in the matter of [Student’s first name last initial/LEA – Number]

2. Introductory Statement by Impartial Hearing Officer

a. Introduction of impartial hearing officer

b. Statement of open or closed hearing

c. For the recorded record, I request that parties speak loud and clear and only one at a time

d. Introduction of participants for record- Request that parties spell their name for the record

e. Purpose of the hearing

f. Explanation of hearing procedures

3. Opening of Formal Testimony

a. Opening Statement

b. Presentation of Written Evidence and Testimony

c. Closing Arguments (when presented orally)

4. Closing Comments by Hearing Officer

2.10 MAINTAINING ORDER AT THE HEARING

A. The impartial hearing officer has the authority and obligation to ensure that appropriate standards of conduct are observed and that the hearing is conducted in a fair and orderly manner.

B. The impartial hearing officer shall take appropriate action to address the misconduct if the conduct of a party or witness disrupts, detracts from or jeopardizes the integrity of the hearing.

C. This action should include warning the offending party to abstain from the conduct with notice of the sanction which will follow if the conduct continues.

D. Where sanctions are appropriate, the impartial hearing officer should consider the nature and severity of the misconduct.

E. If the impartial hearing officer imposes sanctions, the hearing officer shall document the record by describing the misconduct in detail, the warnings given to the offending person, the sanction issued, and the reasons for issuing the sanction.

F. In case of repeated or flagrant improper conduct by a party, the impartial hearing officer may consider expulsion of the party or party’s representative from the hearing.

2.11 TECHNIQUES OF PRESIDING

A. The impartial hearing officer has the responsibility to conduct a trial-like adjudication in a fair manner and to make decisions needed to expedite the adjudication, including ruling on the admission and exclusion of evidence.

B. The impartial hearing officer sets the tone of the hearing through use of calm authority. They should not engage in arguments with the parties or witness, but should listen to objections made, decide, and then move on.

C. The impartial hearing officer may place reasonable time limits on the presentation of evidence, as prompt rulings on motions and objections are essential.

D. If an altercation threatens to disrupt the hearing, the impartial hearing officer should call a recess, go off the record, and restore order to the proceeding.

E. The impartial hearing officer should require all participants to address each other, and the witnesses, respectfully.

F. If a participant in the hearing becomes unruly or offensive in remarks or manner, the impartial hearing officer should express disapproval of the conduct and warn against repetition.

2.12 FINAL DECISION OF THE IMPARTIAL HEARING OFFICER

A. The Arkansas Department of Education shall make impartial hearing officer decisions available to the public. To accomplish this, all hearing officer decisions are available on the Department’s website and are provided upon request.

B. The impartial hearing officers shall provide an electronic copy of the decision with all personally identifiable information redacted.

2.13 EX PARTE COMMUNICATION

A. Parties to hearings shall not engage in ex parte communication with the impartial hearing officer. All contact with the impartial hearing officer must be in writing with a copy to the other party. If a party wants to initiate a telephonic conversation with the hearing officer, they are requested to first write (fax or e-mail) to the impartial hearing officer, with a copy to the other party, requesting an opportunity to speak with the impartial hearing officer. The impartial hearing officer shall not respond to ex parte communications except for emergency discussions regarding new dates.

B. The impartial hearing officer should avoid being in the hearing room or having other contacts with only one party in order to avoid the appearance that the merits were discussed on that occasion.

C. Ex parte communications do not automatically void a hearing officer’s decision but instead render the decision voidable. It is often possible to cure an ex parte communication.

D. To cure an ex parte communication, the hearing officer shall immediately:

1. Make a record of what was communicated.

2. Disclose the communication to the other parties, giving them an opportunity to respond.

3. Give the parties an opportunity to lodge a challenge against the hearing officer; and

4. Take the opportunity to remind the parties of the rule against ex parte communications.

E. A party represented by counsel who attempts to contact the impartial hearing officer directly should be immediately advised to contact counsel and have the counsel make the contact. The impartial hearing officer should also advise the party's counsel and the opposing parties’ counsel of the attempted contact.

F. Pro se parties frequently forget the necessity to copy the opposing parties when sending communications to the hearing officer. Consequently, the impartial hearing officer should be diligent to ensure that each communication received has been copied to opposing parties.

2.14 RESOLUTION TRACKING/REPORTING

A. Impartial hearing officers shall track resolution sessions including but not limited to:

1. Maintaining documentation from the LEA that a resolution meeting occurs within fifteen days of the LEA receiving notice of the due process complaint; and

2. Maintaining documentation from the LEA that a prior written notice has been sent to the parent within ten (10) days of receiving the due process complaint, if not previously provided.

B. The impartial hearing officer shall proceed with the due process hearing if the LEA has not resolved the complaint to the satisfaction of the parent(s) within 30 days. The timeline for issuing a final decision begins with the expiration of this 30-day period.

C. Adjustments to 30-day resolution period:

1. The 45-day timeline for the due process hearing in 34 CFR 300.515(a) and §10.01.17 starts the day after one of the following events:

a. Both parties agree in writing to waive the resolution meeting.

b. After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible.

c. If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or public agency withdraws from the mediation process.

2.15 DECISION WRITING

A. An impartial hearing officer shall comply with the decision format requirements set by the Arkansas

Department of Education.

B. Specifically, decisions must meet the following requirements:

1. Contain correct grammar, punctuation, and spelling usage.

2. Include findings of fact that are clear and concise, supported by the evidence, and necessary to resolve an issue properly before the impartial hearing officer.

3. Include conclusions of law that accurately apply the law to the findings of fact and that are necessary to resolve an issue properly before the impartial hearing officer.

4. Include discussion to explain a rationale not otherwise apparent from the findings and conclusions.

5. Include an order that rules on all requests for relief and that does not require the parties to refer to any other part of the decision to implement the mandates in the order.

6. Include a synopsis of the case that includes each issue decided, the prevailing party on that issue, and a supporting citation to a provision of the IDEA regulations in 34 C.F.R. Part 300, the Arkansas Education Code, or Arkansas Department of Education rules and regulations.

C. The impartial hearing officer must provide updates on case activities for each case file to the Arkansas Department of Education on the 15th day of each month; and

D. The impartial hearing officer shall provide a final written decision, as well as a redacted copy of the final decision within the timeframe required by law.

2.16 MISFEASANCE, MALFEASANCE OR NONFEASANCE

In order to ensure uniform standards for acceptable conduct by impartial hearing officers, all impartial hearing officer contracts are subject to suspension or termination on the grounds of misfeasance, malfeasance, or nonfeasance. An investigation into allegations of misfeasance, malfeasance, or nonfeasance may be initiated by an allegation by a participant in the hearing process or the Arkansas Department of Education’s own volition.

2.17 PERFORMANCE STANDARDS

A. State law requires that qualifying contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration.

C. Performance Standards shall not be amended unless they are agreed to in writing and signed by the parties.

D. Failure to meet the minimum Performance Standards as specified will result in the assessment of damages.

E. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The State has the right to waive damages if it determines there were extenuating factors beyond the control of the Contractor that hindered the performance of services. In these instances, the State has final determination of the performance acceptability.

F. Should any compensation be owed to the Department due to the assessment of damages, Contractor shall follow the direction of the Department regarding the required compensation process.

TABLE A: PERFORMANCE STANDARDS

Criteria Standard Damages

The Impartial Hearing Officer fails to meet guidelines as outlined in Section 2.7.A

An impartial due process hearing officer shall comply with all legal and contractual timelines.

The state agency shall assess liquidated damages in the amount of $100.00 per day against the impartial hearing officer for each day beyond the statutory timeline or the approved extended timeline until the completion of the due process hearing.

SECTION 3 – SELECTION

3.1 SELECTION PROCESS

A. TSS OSP will review each Technical Proposal Packet to verify Submission Requirements have been met. Technical Proposal Packets that do not meet Submission Requirements will be rejected and will not be evaluated.

B. A Department-appointed Evaluation Committee will evaluate and score qualifying Technical Proposals. Evaluation will be based on Prospective Contractor’s response to the Information for Evaluation section included in the Technical Proposal Packet.

1. Members of the Evaluation Committee (Evaluators) will individually review and evaluate proposals and complete an Individual Score Worksheet for each proposal. Individual scoring for each Evaluation Criteria will be based on the scoring description in Table B: Scoring Table.

TABLE B: SCORING TABLE

SCORE DESCRIPTION

10 The response provides metrics clearly establishing that the Prospective Contractor is reliable and capable of fully performing the required services.

The response provides metrics suggesting that the Prospective Contractor’s level of performance may be acceptable, but it does not clearly establish that the Prospective Contractor is reliable and capable of fully performing the required services.

0 The response provides metrics clearly establishing that the Prospective Contractor is unreliable and incapable of fully performing the required services.

2. After initial individual evaluations are complete, the Evaluators will meet to discuss their individual scores. At the initial consensus meeting, each Evaluator will be afforded an opportunity to discuss his or her score for each evaluation criteria.

3. After Evaluators have had an opportunity to discuss their individual scores with the committee, the Evaluators will be given the opportunity to change their initial individual scores, if they feel that is appropriate.

4. The final individual scores of the Evaluators will be recorded on the Pre-Interview Consensus Score Sheets and averaged to determine the group or consensus score and rank for each proposal.

5. Other agencies, consultants, and experts may also examine documents at the discretion of the Department.

C. Prospective Contractors submitting Responsive Proposals will be contacted by TSS OSP to schedule an interview.

1. Prospective Contractors shall attend the interview as scheduled by TSS OSP.

2. Evaluators will complete an Individual Score Worksheet for each interview. Evaluation will be based on Prospective Contractor’s responses to questions presented during the interview.

Individual scoring for each interview will be based on the Scoring Descriptions in 3.1.B.1.

3. During a final consensus meeting, after all interviews are complete, Evaluators will have the opportunity to discuss the interviews and change their individual interview scores on the Post- Interview Consensus Score Sheet, if they feel that is appropriate.

4. The final individual scores of the Evaluators will be recorded on the Post-Interview Consensus Score Sheets and averaged to determine the group or consensus score and rank for each proposal.

D. During the final consensus meeting, cost information will be provided to the Evaluators to allow them to determine if moving forward with the highest-ranking Prospective Contractor is the most advantageous to the State.

E. Should the State request clarification and/or additional information Prospective Contractors’ responses, Prospective Contractors shall provide clarification and/or additional information as specified by the State.

F. TSS OSP will submit responses and pricing received from the interviewed Perspective Contractors, along with the Evaluation Committee’s recommendation to the Department for review and approval to move into Discussions.

3.2 TECHNICAL PROPOSAL SCORE

A. The Information for Evaluation section has been divided into sub-sections.

1. Each sub-section has been assigned a maximum point value of ten (10) points. The total point value for each sub-section is reflected in the table below as the Maximum Raw Points Possible.

2. The Department has assigned Weighted Percentages to each sub-section according to its significance.

INFORMATION FOR EVALUATION

SUB-SECTIONS

MAXIMUM

RAW

POINTS

POSSIBLE

SUB-SECTION’S

WEIGHTED

PERCENTAGE

* MAXIMUM

WEIGHTED

SCORE

POSSIBLE

Experience 10 25% 250 Solution 10 25% 250 Risk 10 25% 250 Interview 10 25% 250

Total Technical Score 40 100% 1000 *Sub-Section’s Percentage Weight x Total Technical Maximum Weighted Score = Maximum Weighted Score Possible for the sub-section.

B. The proposal’s weighted score for each sub-section will be determined using the following formula:

(A/B)*C =D

A = Actual Raw Points received for sub-section in evaluation B = Maximum Raw Points possible for sub-section C = Maximum Weighted Score possible for sub-section D = Weighted Score received for sub-section

C. The proposal’s weighted scores for sub-sections will be added to determine the Total Technical Score for the proposal.

D. Proposals that do not receive a minimum Total Technical Score of 375 will not be subject to further consideration in the Solicitation process.

3.3 EXPLANATION OF THE SUB-SECTIONS OF THE TECHNICAL PROPOSAL

A. Experience

1. The Experience sub-section included in the Technical Proposal Packet allows Prospective Contractors to differentiate themselves based on their experience, technical capability, and understanding of the State’s specific needs.

2. Prospective Contractors should identify expertise in the form of a claim and provide relevant experience to support each claim.

3. Prospective Contractors should use verifiable metrics (number of accounts, size of accounts, years of experience, customer satisfaction ratings) to support each claim.

4. Prospective Contractors shall submit a writing example of a legal or professional nature that is not more than 10 pages in length. This additional requirement will not count towards the 2-page limit of the Experience sub-section.

B. Solution

1. The Solution sub-section included in the Technical Proposal Packet allows Prospective Contractors to differentiate themselves based on their proposed solution and/or approach to solve the State’s specific needs.

2. Prospective Contractors should provide a high-level overview of the Prospective Contractor’s proposed solution and/or approach to services using the Requirements outlined in the RFP.

3. Proposed solutions should be non-technical and include the Prospective Contractor’s recommendations for meeting the objectives and Requirements of the RFP.

4. Additional service options and recommendations above and beyond those included in proposed solution should be included in the Recommended Options Form.

C. Risk

1. The Risk sub-section included in the Technical Proposal Packet allows Prospective Contractors to identify and prioritize major risks that they reasonably foresee could potentially prevent or impair the Prospective Contractor’s delivery of the solution as offered in the proposal or to otherwise fail to meet the State’s desired outcome, specifications, and performance standards, and how they will mitigate, manage, and/or minimize each risk listed.

a. Prospective Contractors should include sources, causes, or actions that are both within and beyond the control of the Prospective Contractors that they reasonably foresee may cause cost increases, delays, amendments, or dissatisfaction to the State.

b. Risks should be described in simple, clear, and non-technical terms.

c. Prospective Contractor should explain how the Prospective Contractor will mitigate, manage, and/or minimize each risk listed.

i. The Documented Performance cell should include details such as how many times any identified risk was previously mitigated and the impact on the Prospective Contractor’s performance in terms of time, cost, and client satisfaction.

D. Interview

1. The Interview will allow Prospective Contractors to further demonstrate their experience in providing the services outlined in the RFP.

a. Each Prospective Contractor meeting the Submission Requirements will be contacted by TSS OSP to schedule an interview. Prospective Contractors shall attend the interview as scheduled by TSS OSP.

b. Prospective Contractors shall identify one (1) Project Lead at the time of interview confirmation who shall attend the interview as part of the evaluation process.

c. The Evaluation Committee will interview the Prospective Contractor’s identified Project Lead using a pre-determined set of interview questions. Follow up questions may be asked based on responses given by the Project Lead.

3.4 DISCUSSIONS

A. The State will move forward into Discussions with the responsible Prospective Contractor(s) whose proposal(s) have been determined to be reasonably susceptible to being selected for award.

B. Discussions may be conducted with the highest-ranking Prospective Contractor based on the Grand Total Score for each proposal or with multiple Prospective Contractors reasonably susceptible of being awarded a contract.

C. Should the State choose to engage in Discussions with the highest-ranking Prospective Contractor, the Prospective Contractor invited to participate in Discussions shall provide all documents required during Discussions.

1. Should the Department determine, through the Discussions process, that the Prospective Contractor’s solution, approach, timelines, deliverables, expectations of the State, or a combination thereof make the Prospective Contractor no longer reasonably susceptible of being awarded a contract, the Department may abandon Discussions with that Prospective Contractor through a written justification to TSS OSP, and may proceed to additional rounds of Discussions with the next highest-ranking Prospective Contractor.

D. Should the State choose to engage in Discussions with multiple Prospective Contractors contemporaneously, each Prospective Contractor invited to participate in Discussions shall provide all documents required during Discussions.

1. Should a Prospective Contractor not provide the required documents within timeframes requested by TSS OSP or choose not to engage in the Discussions process, the Prospective Contractor’s proposal will be considered withdrawn and will not be subject to further consideration in the Solicitation process.

E. If Discussions necessitate material revisions of proposals, each responsible Prospective Contractor reasonably susceptible of being awarded a contract will be provided an opportunity to revise its proposal for the purpose of submitting a best and final offer.

F. During the Discussions Kick Off Meeting, the Prospective Contractor shall provide the following documents to the State:

1. A detailed scope of work clearly identifying the Prospective Contractor’s understanding, implementation, and performance of services required in this RFP, including all activities required by the Contractor and all activities expected by the State/Participating Entities

2. A Risk Management Plan intended to mitigate any risks, including but not necessarily limited to, the risks identified in the Risk Plan submitted in the Prospective Contractor’s Technical Proposal Packet

3. Proposed project management and reporting templates

G. During the Discussions Kick Off Meeting, the Prospective Contractor shall address questions and/or concerns the State may have to the satisfaction of the State.

H. During Discussions, the Prospective Contractor shall revise the discussions documents until agreement is made and the State has provided final approval.

1. The Prospective Contractor shall attend follow up Discussions meeting as determined necessary by the State. Reasonable effort will be made to accommodate scheduling conflicts.

I. During Discussions, the Prospective Contractor shall present a final draft of the Discussions documents to the State, including, at minimum:

1. A summary of all plans and scope of work developed during the discussions process and mutually agreed upon by the State and the Prospective Contractor

2. A detailed scope of work clearly identifying the Prospective Contractor’s implementation and performance of services required in this RFP, including all provisions negotiated and agreed upon by the State and the Prospective Contractor since the Discussions Kick Off Meeting

3. Description of deliverables in terms of simplified metrics

4. The Risk Management Plan

5. Project management and reporting templates

J. During Discussions, the Prospective Contractor shall present the final drafts of the items and shall summarize the coordination and planning completed during the discussion process.

K. Once approved by the State, final drafted documents will become part of the resulting contract.

L. The Prospective Contractor may determine which key personnel will attend the Discussions meetings.

3.5 ANTICIPATION TO AWARD

A. Once an anticipated Contractor has been determined, the anticipated award will be posted to the

Solicitation posting in ARBuy by the date and time listed in Section 1.4, Table A.

1. It is the responsibility of Prospective Contractors to check the ARBuy website for the posting of an anticipated award.

B. Anticipated awards will generally be posted for a period of fourteen (14) days prior to the issuance of a contract. These notices are anticipated awards only and are subject to protest.

C. A contract resulting from this Solicitation is subject to State review and approval processes prior to award, which may include Legislative review.

3.6 PROSPECTIVE CONTRACTOR ACCEPTANCE OF EVALUATION TECHNIQUE

The submission of a Technical Proposal Packet signifies the Prospective Contractor’s understanding and agreement that some subjective value judgments will be made during the evaluation and scoring of the technical proposals.

SECTION 4 – SOLICITATON TERMS AND CONDITIONS

4.1 ACCEPTANCE OF REQUIREMENTS

A. A Prospective Contractor's past performance with the State may be used to determine if the

Prospective Contractor is responsible (OSP Rule R8:19-11-229).

1. Proposals submitted by Prospective Contractors determined to be non-responsible will be rejected.

B. A single Prospective Contractor must be identified as the prime contractor.

1. The prime Contractor shall be responsible for the resulting contract and jointly and severally liable with any of its subcontractors, affiliates, or agents to the State for the performance thereof.

C. By submission of a proposal, the Prospective Contractor represents and warrants:

1. That the prices in the proposal have been arrived at…