Sole_Source_Notification_20250627.pdf

It is the intent of Washington State to promote open competition and transparency for all contracts for goods and services. In accordance with Department of Enterprise Service (DES) policy #DES-

140-00, all intended sole source contracts must be made available for public inspection for a period of not less than fifteen (15) working days before the start date of the contract. This Sole Source

Notification satisfies the requirement.

This Sole Source Notification is available at the Office of Superintendent of Public Instruction

(OSPI) website and at the Department of Enterprise Services, Washington Electronic Business

Solution (WEBS) Procurement website under the following commodity codes: 918-38-Education and Training Consulting; 924-05-Advisory Services, Educational; 924-16-Course Development

Services, Instructional/Training; 924-18-Educational Services, Alternative; 924-19-Educational

Research Services; 924-20-Examination and Testing; 924-25-For Credit Classes, Seminars, Workshops, etc.; 924-41-Instructor-led, Classroom Training (Non-Technical); 924-60-Not-For-

Credit Classes, Seminars, Workshops, etc.; 924-64-Partnering Workshop Facilitation Services; 924-

71-School Operation and Management Services; 924-78-Teaching and Instruction Services

(Including Elementary and Secondary Education, Higher Education and Adult Education); 958-68-

Support Services, Management; 958-77-Project Management Services

The Office of Superintendent of Public Instruction (OSPI) intends to award a $106,930 sole source contract to Center for Strengthening the Teaching Profession for the period of April-June

2025.

The purpose of this contract is to convene a group of educators to review and provide feedback on the revision of learning standards. The Contractor shall coordinate logistics for the convening of focus groups in four separate content areas of Science, Health, Physical Education, and World

Language. The Contractor shall work to recruit up to thirty educators per content area. There will be a combination of in-person and virtual sessions.

The proposed contractor will also be responsible for logistics which include registration, communication to participants, in-person session logistics, onsite technology and support, reimbursement for time, travel, and lodging, and pre/post event deliverables.

During the review sessions, educators will familiarize themselves with the proposed revisions to the current learning standards. They will complete the bias and equity screening by providing feedback through the approved process. The contractor will provide a report with a summary of focus group notes from each of the four content areas.

Sole Source Notification

Learning Standards Review https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://fortress.wa.gov/ga/webs/ https://fortress.wa.gov/ga/webs/

OSPI Sole Source Contract 20250627 Page 2 of 8

Consultants contemplating the above requirements shall submit capability statements detailing their ability to meet the state’s requirements no later than 3:00 pm on April 11, 2025.

Capability statements must address the following state requirements:

• Ability to provide examples of developed resources and professional learning related to culturally responsive teaching practices; diversity, equity, and inclusion; and utilizing learning standards.

• Show evidence of connections with and ability to recruit educators representing multiple grade levels, rural and remote schools, and state-tribal compact schools. Recruitment must also include educators in diverse content areas, along with specialty areas including but not limited to Special Education, Multilingual, and highly mobile students.

• Evidence of proven outcomes in:

o elevating the voice of teachers through educator focus groups that contribute to state-wide decisions.

o supporting educators in understanding the knowledge and skills for equity focused work and leading teacher-team collaboration.

o providing learning opportunities for educators on implementing state learning standards that are connected to state adopted instructional frameworks.

• Proven track record of coordinating logistics of in-person and virtual meetings such as recruitment, registration, booking venue, lodging, meals, and facilitating reimbursements.

• Must be able to collaborate to review learning standards using the OSPI developed Bias and Equity Screening Tool.

• Demonstrated experience in compiling feedback and generating reports.

In the absence of other qualified sources, and pending approval by the Department of Enterprise

Services, it is OSPI’s intent to make a sole source award of the contract mentioned above to

Center for Strengthening the Teaching Profession.

Although this Sole Source Notification is not an invitation to bid, if you feel your firm is able to provide the goods or services listed above, you may submit a capability statement to:

Kyla Moore

Office of Superintendent of Public Instruction

Email: contracts@k12.wa.us

In accordance with DES Sole Source policy process #PRO-DES-140-00A, the following documents are attached:

• Attachment 1 – A copy of the Sole Source Contract Filing Justification

• Attachment 2 – A copy of the proposed draft sole source contract in significantly final form mailto:contracts@k12.wa.us

OSPI Sole Source Contract 20250627 Page 3 of 8

Attachment 1 – Sole Source Contract Filing Justification

Specific Problem or Need

• What is the business need or problem that requires this contract?

This work is essential to prevent perpetuation of stereotypes and discrimination while promoting a more inclusive learning environment. Involving diverse stakeholders in the standards review process helps identify and address biased content effectively. The review process involves recognizing and addressing implicit biases, ensuring cultural relevance, and continuously evaluating and updating standards to promote inclusivity and fairness in education.

Engrossed Senate Bill 5462 of the 2024 Legislative Session charges OSPI with periodically revising the state learning standards, as needed, based on the student learning goals in

RCW 28A.150.210. Specifically, the Bill notes that such review should include a screening for biased content in each development or revision of a state learning standard and ensure that the concepts of diversity, equity, and inclusion, as those terms are defined in RCW 16 28A.415.443, are incorporated into each new or revised state learning standard. In meeting the requirements of this subsection (2)(b), OSPI must consult with the applicable commissions established in Title 43 RCW and other persons and organizations with relevant expertise.

Sole Source Criteria

• Describe the unique features, qualifications, abilities or expertise of the contractor proposed for this sole source contract.

CSTP has over 20 years of experience collaborating with organizations and state agencies to elevate teacher voice and advocacy, that is responsive to the needs of educators and students, while prioritizing work that serves those furthest from educational justice.

Their experience at facilitating collaboration and conversation of educators to gather input and inform state practices, providing professional learning, and working with state learning standards are demonstrated in the following established work and partnerships:

• Teacher and Principal Evaluation Program (TPEP): Worked with Equity in your

Framework Specialists to integrate input from the feedback steering committee, develop equity-based trainings, provide professional learning, and collect revisions and input.

• Professional Educator Standards Board (PESB): Worked together to develop three micro-credentials and professional development modules for the Recruiting

Washington Teachers (RWT) Curriculum. It focused on supporting students holistically including cultural identity development.

OSPI Sole Source Contract 20250627 Page 4 of 8

• Reimagining Education Project: Worked with statewide educators to integrate learning from alternative learning experiences. Groups of educators used improvement science iterations, plan, do, study, act, to implement and revise their planning. Innovative practices were shared, collaborated on and feedback provided to each educator.

• Science Integration Elementary Expo: Recruited science teachers statewide who were integrating different cross content learning standards. They helped develop presentations exploring strategies to amplify math and science learning standards.

This supported educators to collaborate on strategies and problems of practices to integrate science learning.

• Educational Service District ESD 101 Leaders in Education Advancing Leaders in

Diversity, Equity and Racial justice Project: Facilitated the project to bring educators together for input and feedback on educational strategies to support this work.

• Career Connect Project in Washington: Got educators across the state together with the goal of discussing educator roles. They facilitated groups of educators with diverse backgrounds and interests to reach a consensus for educator pathways in their regions, and define/suggest next steps.

With the implementation of these programs, it provides a proven track record in coordinating logistics of in-person and virtual meetings including recruitment, registration, and facilitating reimbursements. They have a vast community and network of educators in many roles across the state so they are able to recruit a variety of diverse engaged educators.

During the 2023-24 academic year, CSTP collaborated with OSPI in the review and feedback process of revising ELA, Math, and Science state learning standards. The collaboration was a testimony to their impressive background and extensive experience to be uniquely qualified for the scope of work. They established a robust foundation for the project, demonstrating exceptional expertise and efficiency.

During this project, CSTP developed processes and protocols for facilitating focus groups, complete with comprehensive directions and PowerPoint slides. They also created a system using Google Documents, enabling seamless access and contribution of content across various platforms. Their knowledge of implementing the Bias and

Equity Screening Tool ensures learning standards meet the screening criteria and offer alternative solutions when educators are unsure about language choices.

Due to extensive previous involvement with OSPI and education projects, CSTP has a comprehensive and unique understanding of the complexities of state learning standards, and they have a commitment to fostering educational equity and excellence.

They are the only entity with the necessary skills and experience to continue this work efficiently, ensuring consistency and fidelity to previous practices and learning standards being reviewed.

OSPI Sole Source Contract 20250627 Page 5 of 8

• What kind of market research did the agency conduct to conclude that alternative sources were inappropriate or unavailable? Provide a narrative description of the agency’s due diligence in determining the basis for the sole source contract, including methods used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet; contacting similar service providers; and reviewing statewide pricing trends and/or agreements.

OSPI’s current staffing is insufficient to organize, communicate, and facilitate statewide events of this scale. Our staff works in content-based teams to complete focused work for educators to respond to. We need the additional leverage of an organization with experience and capacity for convening educators for learning and collaboration as these events provide a critical feedback loop for our program work.

In reviewing other entities that are professional organizations that operate in

Washington and provide outreach opportunities to educators, the following limitations were found:

• WA-ACTE: Professional organization for educators in CTE programming, restricted to secondary instructors only.

• Association of Washington School Principals (AWSP): Has provided statewide engagements on behalf of the agency in the past, but the organization is focused on principal and building leaders.

• Washington Association of School Administrators (WASA): Has provided statewide engagements on behalf of the agency in the past, but the organization is focused on

Superintendents and district leaders.

• Association for Supervision and Curriculum Development (WSASCD): Has provided statewide engagements on behalf of the agency in the past, but are no longer in business.

• Washington State School Directors' Association (WSSDA): Has provided statewide engagements on behalf of the agency in the past, but focus is on school directors, not educators.

• Education Northwest: Currently supporting the agency with projects, but their focus is on research and supporting educators and districts with large scale initiatives -they do not have access to networks of educators to pull from for this type of feedback event.

This market research led OSPI to the conclusion that CSTP continues to be the most qualified contractor for this need.

• As part of the market research, include a list of statewide contracts review and/or businesses contacted, date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

OSPI Sole Source Contract 20250627 Page 6 of 8

A DES Statewide contract search was conducted with the following search words:

education, curriculum, focus groups, professional development, recruitment, research, outreach, and communication.

The closest we found was Contract #20422 for Communications and Marketing Services and Contract #01620 for Business Consulting Services. In Contract #20422, vendors had expertise conducting research and developing a market strategy guided for promotions or persuading public response. In Contract #01620, there were consulting services, but they focused on businesses and offered organizational development and change management.

However, the search didn’t result in contractors with a statewide expertise in working within the education field. They wouldn’t have the necessary connections or subject matter expertise to recruit educators for focus groups pertaining to learning standards revision, implementation, and elevating culturally responsive teaching practices.

A search was also conducted within WEBS that included OMWBE and used the following codes: 924-05 Advisory Services, Educational, 924-19 Course Development Services, Instructional/Training, 924-19 Educational Research Services. We looked at the following organizations, but they ultimately didn’t fit what is needed in terms of coordinating logistics and recruitment of educators for the convening of focus groups to support the revision of Washington state learning standards.

• Anchor Collaborative Strategies: Consultants that collaborate to implement public policies and provisos especially involving children, youth, and families. They conduct research, facilitate groups, and create written materials and reports. However, their experience and past projects are more on a higher level of public policy and budget advocacy along with coalition building. They lack the “on the ground” field experience and connections to recruit educators and facilitate discussions around learning standards revisions.

• Evaluation and Assessment Solutions for Education (EASE): They provide an array of research and evaluation services to education organizations looking to assess their impact and improve their programs. Their services include survey design and focus groups. The consultants come from a higher education background and tend to have an emphasis on research and data collection. Their experience in focus groups wouldn’t be conducive for what is needed in the scope of work of this contract.

• The Oaks Center for Educational Advancement: Their services include virtual and in-person workshops, curriculum and course design and certification consulting and assistance. However, they are based out of California and wouldn’t have the in-state connections to organizations and educators as the proposed contractor, CSTP.

OSPI Sole Source Contract 20250627 Page 7 of 8

• Per the Supplier Diversity Policy, DES-090-06: was this purchase included in the agency’s forecasted needs report?

Yes

• Describe what targeted industry outreach was completed to locate small and/or veteran-owned businesses to meet the agency’s need.

CSTP’s WEBS profile indicates they are a Washington Mini Business. Additionally, their profile indicates they are 100% woman-owned.

• What considerations were given to unbundling the goods and/or services in this contract, which would provide opportunities for Washington small, diverse, and/or veteran-owned businesses. Provide a summary of your agency’s unbundling analysis for this contract.

We researched vendors through the DES statewide contracts and WEBS, but were not able to find a veteran-owned business through our search that provides this specific need.

• Provide a detailed and compelling description that includes quantification of the costs and risks mitigated by contracting with this contractor (i.e. learning curve, follow-up nature).

As mentioned, CSTP’s partnership with OSPI on various projects is extensive, so there is familiarity with OSPI staff, practices, the educator community. Specifically, CSTP worked with OSPI on other learning standards to utilize an effective feedback review process and conduct a bias and equity screening. It would be a significant cost to a new contractor to recreate a year's worth of foundational work to move forward in convening a similar process for a new set of learning standards.

The current learning standards timeline is being pushed up to an earlier deadline of

Spring 2025. A new contractor would not meet this deadline causing a significant delay in the pace of the feedback and bias screening process. The other deliverables reliant on this process would then be delayed and pushed back as well.

• Is the agency proposing this sole source contract because of special circumstances such as confidential investigations, copyright restrictions, etc.? If so, please describe.

No

• Is the agency proposing this sole source contract because of unavoidable, critical time delays or issues that prevented the agency from completing this acquisition using a competitive process? If so, please describe. For example, if time constraints are applicable, identify when the agency was on notice of the need for the goods and/or service, the entity that imposed the constraints, explain the authority of that entity to impose them, and provide the timelines within which work must be accomplished.

No

OSPI Sole Source Contract 20250627 Page 8 of 8

• What are the consequences of not having this sole source filing approved? Describe in detail the impact to the agency and to services it provides if this sole source filing is not approved.

If this Sole Source contract is not approved, OSPI estimates a delay of over a year in the review of standards and revisions. During this time, teachers will continue using outdated standards and won't receive adequate support for culturally responsive teaching practices. This could negatively impact students' academic achievement, socio-emotional development, and long-term success.

The two Science virtual sessions in this contract are an extension of the previous year’s work. Retaining the same educators to provide feedback throughout the science standards revision process is crucial. These educators have been involved from the beginning and their continued participation ensures continuity and depth of understanding. CSTP already has working knowledge of the processes, the history of the revisions, facilitated four events to gather suggestions and edits, and implemented the bias and equity screening on the standards. If there was a new vendor, we’d potentially have to start the science feedback process over with a different group of educators. This would require additional in-person sessions to bring new educators up to speed with the review and revision process, as well as to go through the history of the standards’ changes.

Transitioning to a new vendor would incur significant costs and delays, especially with the Science content. The onboarding process for a new vendor would need substantial time and resources to familiarize them with our established processes and protocols.

This would require additional financial investment and agency resources, which are not accounted for in our current budget. CSTP is the only one with the necessary skills and experience to continue this work efficiently, ensuring consistency and fidelity to previous practices.

Reasonableness of Cost

• Since competition was not used as the means for procurement, how did the agency conclude that the costs, fees, or rates negotiated are fair and reasonable? Please make a comparison with comparable contracts, use the results of a market survey, or employ some other appropriate means calculated to make such a determination.

Costs are commensurate with those paid under previous contracts with CSTP.

Attachment 2 – Proposed Draft Sole Source Contract

See next page

Page 1 of 6 Contract 20250627between OSPI and CENTER FOR STRENGTHENING THE TEACHING

PROFESSION

(Rev. 09/24)

CONTRACT FOR SERVICES

Contract No. 20250627 between

SUPERINTENDENT OF PUBLIC INSTRUCTION,

STATE OF WASHINGTON

(hereinafter referred to as Superintendent/OSPI)

Old Capitol Building, PO Box 47200 Olympia, WA 98504-7200 and

CENTER FOR STRENGTHENING THE TEACHING PROFESSION

DBA CSTP

(hereinafter referred to as Contractor) PO Box 4162

Olympia, WA 98501

Employer Identification #01-3769448 Unified Business Identifier #602-316-410

In consideration of the promises and conditions contained herein, Superintendent and Contractor do mutually agree as follows:

I. DUTIES OF THE CONTRACTOR

I.A. General Objective. The general objective of this Contract is as follows:

The Contractor shall coordinate logistics for the convening of four (4) separate focus groups in the content areas of Science, Health, Physical Education, and World Language. The Contractor shall work to recruit up to thirty (30) educators per content area to review and provide feedback on the revision of learning standards. There will be a combination of in-person and virtual sessions.

I.B. Scope of Work. In order to accomplish the general objective of this Contract, Contractor shall perform the following specific duties to the satisfaction of the OSPI Contract Manager:

1) Project Planning

a) The Contractor shall meet with the OSPI Contract Manager for a preliminary meeting to discuss goals and outcomes along with questions and processes for the focus groups.

b) In partnership with OSPI, prepare outreach communication and messaging for recruitment. Contractor shall recruit through email, website, newsletters and other means as effectively as possible within the given time frame, while focusing on:

i) Educators representing the student demographics of the state from elementary, middle, and high schools, state-tribal compact schools, rural, and remote schools.

ii) Registering participants and collecting demographic information to later include in a report: gender, ethnicity, geographic area, current role, number of students taught in the school year, what role the educator had direct influence over in the last three (3) years, total years of educator’s experience in education.

c) The Contractor shall provide a project plan that includes:

Page 2 of 6 Contract 20250627between OSPI and CENTER FOR STRENGTHENING THE TEACHING

(Rev. 09/24)

i) schedule of all content focus group sessions, agendas, and proposed logistical details of in-person session.

ii) copy of draft questions for the four (4) content areas and processes for leading discussions in focus groups.

iii) process for documenting and tracking participant reimbursement.

2) Science Content Focus Groups

a) Host two (2) virtual sessions that last ninety (90) minutes each and provide real-time logistical support.

b) Coordinate logistics including registration and communication to members and OSPI

Contract Manager. Facilitate compensation of one hundred fifty dollars ($150) per educator, per session, up to thirty (30) participants.

c) The goal of this session is to offer feedback on the updates and changes educators see as a result of their initial work and review.

d) Facilitate questions, discussions, and take detailed notes during focus group session (to be reported to OSPI as a post-event deliverable).

e) Conduct a post evaluation survey so that data shall be included in the final report to OSPI. Questions shall include, at minimum:

i) did they find this work valuable,

ii) what was good, what could be improved,

iii) would they want to be involved in work like this in the future?

3) Health, Physical Education, and World Language Content Focus Groups

a) In-person Session

i) Host one (1) full day convening for each of the three (3) focus groups to run at the same time. The Contractor shall arrange location, meals, and provide compensation of three hundred dollars ($300) per educator, for up to ninety (90) participants.

ii) Coordinate logistics including registration, communication to members and OSPI Contract Manager, and travel and lodging reimbursement. They shall provide onsite technology and support.

iii) The goal of the session is to:

(1) bring educators together as a community to better understand the process and goals of the focus group;

(2) engage in dialogue and discussions around current standards and implementation;

(3) complete equity and bias screening using the agreed upon criteria;

(4) strategize how to provide continued support for revision and implementation.

iv) Facilitate questions, discussions, and take detailed notes during focus group session (to be reported to OSPI as a post-event deliverable.)

b) Virtual Sessions

i) Host one (1) virtual follow up session for each content area of Health, Physical

Education, and World Language for a total of three (3) sessions. Each session will last ninety (90) minutes and provide real-time logistical support.

ii) Coordinate logistics including registration and communication to members and OSPI Contract Manager. Facilitate compensation of one hundred fifty dollars ($150) per educator, up to ninety (90) participants.

iii) Include section I.B.2.c. through I.B.2.e.iii.

Page 3 of 6 Contract 20250627between OSPI and CENTER FOR STRENGTHENING THE TEACHING

(Rev. 09/24)

4) Reporting

a) Provide a participant list for each of the four (4) content areas that include:

i) demographics of gender, ethnicity, geographic area, current role, number of students taught in the school year, what role the educator had direct influence over in the last three (3) years, total years of educator’s experience in education.

ii) sessions attended

b) Provide a final report for each of the four (4) content areas that includes, at minimum:

i) summary of notes for each focus group session especially main themes that emerged.

ii) summary of participant evaluations.

iii) summary of programmatic changes, major challenges, and future opportunities or recommendations.

I.C. Deliverables. The Contractor shall provide the following deliverables to the OSPI Contract Manager by the dates indicated below:

SCHEDULE OF DELIVERABLES

Deliverable Due Date

1. Project plan (see I.B.1.c.i.-iii.) for all four content areas

Two weeks post contract execution date

2. Participant list (see I.B.4.a.i.-ii.) and Final Report (see I.B.4.b.i.-iii.) for all four content areas

June 30, 2025

II. PERIOD OF PERFORMANCE

Contractor shall not commence performance, or be entitled to compensation or reimbursement for any services rendered, prior to the occurrence of each of the following conditions: (1) This Contract must be executed by a representative of the Contractor and the Superintendent; (2) Provisions of Chapter 39.26 RCW require the Agency to file this sole source Contract with the Department of Enterprise Services (DES) for approval; no Contract so filed is effective nor shall work commence under it until the fifteenth (15th) working day following the date of filing, subject to DES approval. In the event DES fails to approve the Contract, the Contract shall be null and void; and, (3) Contract Manager must confirm the occurrence of conditions number one (1) and two (2) and notify the Contractor to commence performance.

The schedule of performance of Contractor’s duties is as follows subject, however, to the three

(3) prior conditions to commencement of performance set forth immediately above:

April 14, 2025, date of approval by DES, or date of execution, whichever is later, through June 30, 2025.

III. INVOICING & PAYMENT

III.A.1. Compensation Amount. In consideration of Contractor’s satisfactory performance of the duties set forth herein, Superintendent shall compensate Contractor in an amount not to exceed a total of one hundred six thousand, seven hundred thirty dollars ($106,730), as noted below in part B, Schedule of Payments. Payment for satisfactory performance shall not exceed this amount unless the parties mutually agree to a higher amount prior to the commencement of any work, which will cause the maximum payment to be increased.

Page 4 of 6 Contract 20250627between OSPI and CENTER FOR STRENGTHENING THE TEACHING

(Rev. 09/24)

ALL travel-related expenses for this contracted work MUST be included in the contract’s cost. No additional expenses may be charged to or included on a separate MEA or TA. If travel is accidentally left out of the contract, it cannot be charged to an MEA or TA at a later date.

III.A.2. Funding Source. Funds for the payment of this Contract are provided by state dollars.

III.A.3. All expenses necessary to the Contractor’s performance of this Contract not specifically mentioned in the Contract shall be borne in full by the Contractor.

III.B.1. Billing Procedure. Payment shall be made to the Contractor as follows:

Contractor shall submit invoices to the OSPI Contract Manager Periodically (not more often than monthly) in accordance with the Schedule of Payments set forth below:

SCHEDULE OF PAYMENTS

Deliverable Deliverable Due Date

Payment Amount

1. Project plan (see I.B.1.c.i.-iii.) for all three content areas

April 30, 2025 $36,000.00

2. Participant lists (see I.B.4.a.i.-ii.) and final reports (see I.B.4.b.i.-iii.) for all three content areas

June 30, 2025 $70,730.00

III.B.2. Invoice Requirements. The invoice(s) shall document to the OSPI Contract Manager’s satisfaction a description of the work performed and payment requested. Within approximately thirty (30) calendar days of the OSPI Contract Manager receiving and approving the invoice, payment will be mailed or electronically transferred to the Contractor by Agency Financial Services, OSPI.

The invoice(s) must be emailed to the OSPI Contract Manager and shall include:

• OSPI Contract number

• Contractor name, address, telephone number, and email address for billing issues if someone other than the Contractor’s Contract Manager

• Contractor’s Federal Tax Identification Number

• Contractor’s Statewide Vendor Number

• Description of Services and Deliverables provided

• Date(s) of Service, if applicable

• Invoice amount for each Service or Deliverable, including applicable taxes

Contractor’s invoices for payment shall reflect accurate Contract prices. Invoices will not be processed for payment until receipt of a complete invoice as specified herein. OSPI shall have no obligation to pay Contractor for any services that do not comply with this Contract.

III.B.3. Errors. If errors are found in the submitted invoice or supporting documents, the OSPI

Contract Manager will notify the Contractor. In order to receive payment, it shall be the responsibility of the Contractor to make corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and notify the OSPI Contract Manager.

Page 5 of 6 Contract 20250627between OSPI and CENTER FOR STRENGTHENING THE TEACHING

(Rev. 09/24)

III.B.4. Final Payment. Final payment shall be made after acceptance by the OSPI Contract Manager if received by within sixty (60) days after the Contract expiration date, unless negotiated with the OSPI Contract Manager and the Fiscal Budget Analyst. There will be no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the expiration date (“Belated Claims”). Belated Claims will be paid at OSPI’s sole discretion, and any such potential payment is contingent upon the availability of funds.

IV. CONTRACT MANAGEMENT

The following shall be the contact person for all communications and billings regarding the performance of this contract. Any changes to this information shall be communicated to the other party in writing as soon as reasonably possible.

Contractor OSPI

V. INCORPORATION OF ATTACHMENTS AND ORDER OF PRECEDENCE

Each of the attachments listed below is by this reference hereby incorporated into this Contract.

In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:

• Applicable Federal and state of Washington statutes and regulations

• Special Terms and Conditions as contained in this basic contract instrument

• Attachment A – Contract for Services, General Terms and Conditions

• Attachment A1 – Federal Grant Terms and Conditions

• Any other provision, term or material incorporated herein by reference or otherwise incorporated.

Intentionally left blank Intentionally left blank

Page 6 of 6 Contract 20250627between OSPI and CENTER FOR STRENGTHENING THE TEACHING

(Rev. 09/24)

VI. APPROVAL

This Contract shall be subject to the written approval of the Superintendent’s authorized representative and shall not be binding until so approved. The Contract may be altered, amended, or waived only by a written amendment executed by both parties.

We the undersigned agree to the terms of the foregoing Contract.

Center For Strengthening the Teaching Profession

Superintendent of Public Instruction State of Washington

Signature Kyla L. Moore, Contracts Administrator

Printed Name Date

Title

Date

Who certifies that he/she is the Contractor identified herein, OR a person duly qualified and authorized to bind the Contractor so identified to the foregoing Agreement.

Approved as to FORM ONLY by the Assistant Attorney General

Page 1 of 14 Contract 2025627 Attachment A – General Terms and Conditions between OSPI and

FORM SPI D-283 (Rev. 12/23)

Attachment A Contract for Services

GENERAL TERMS AND CONDITIONS

Definitions. As used throughout this Contract and General Terms and Conditions, the following terms shall have the meaning set forth below:

“Contract” or “Agreement” means the entire written agreement between OSPI and the Contractor, including any attachments, exhibits, documents, or materials incorporated by reference. Contract and Agreement may be used interchangeably.

"Contractor" shall mean that firm, provider, organization, individual, or other entity performing service(s) under this Contract, and shall include all employees of the Contractor.

“Services” means all work performed or provided by Contractor pursuant to this Contract.

“Statement of Work” or “SOW” or “Scope of Work” means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline.

"Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms " Subcontractor" and " Subcontractors" means Subcontractor(s) in any tier.

"Superintendent" shall mean the Office of Superintendent of Public Instruction (OSPI) of the State of Washington, any division, section, office, unit or other entity of the Superintendent, or any of the officers or other officials lawfully representing the Superintendent. Superintendent and OSPI may be used interchangeably.

1. Access to Data. In compliance with Chapter 39.26 RCW, the Contractor shall provide access to data generated under this Contract to the Superintendent, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor’s reports, including computer models and methodology for those models.

2. Alterations and Amendments. This Contract may be amended only by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the “ADA” 28 CFR Part 35. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

4. Assignment. Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Superintendent.

5. Assurances. The Superintendent and the Contractor agree that all activity pursuant to this

Contract will be in accordance with all applicable current federal, state and local laws, rules and regulations.

Page 2 of 14 Contract 2025627 Attachment A – General Terms and Conditions between OSPI and

FORM SPI D-283 (Rev. 12/23)

6. Attorney’s Fees. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney’s fees and costs.

7. Audit Requirements. If the Contractor is a Subrecipient of federal awards as defined by the

Office of Management and Budget (OMB) CFR, Part 200, Subpart F, and expends seven hundred and fifty thousand dollars ($750,000) or more in federal awards (does not apply to contracts for goods and services) from all federal sources in any fiscal year beginning on or after December 26, 2014, the Contractor shall procure at their expense a single or program-specific audit for that year. The Contractor shall incorporate OMB CFR, Part 200, Subpart F audit requirements into all contracts between the Contractor and its Subcontractors who are Subrecipients of federal awards. The Contractor shall comply with any future amendments to OMB and any successor or replacement Circular or regulation.

8. Budget Revisions. Any monetary amount budgeted by the terms of this Contract for various activities and line-item objects of expenditure may be revised without prior written approval of Superintendent, so long as the revision is no more than ten percent (10%) of the original line item amount and the increase in an amount is offset by a decrease in one or more other amounts equal to or greater than the increase. All other budget revisions exceeding ten percent (10%) shall only be made with the prior written approval of the Superintendent.

9. Certification Regarding Debarment, Suspension, and Ineligibility. The Contractor certifies that neither it nor its principals are debarred, suspended, proposed for debarment, or voluntarily excluded from participation in transactions by any federal department or agency. The Contractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, proposed for debarment, or voluntarily excluded from participation in covered transactions by any federal department or agency.

“Covered transactions” include procurement contracts for goods that are expected to equal or exceed twenty-five thousand dollars ($25,000). Contractor may do so by obtaining a certification statement from the potential subcontractor or subrecipient or by checking online at the System for Award Management (SAM), Excluded Parties List. The Contractor shall immediately notify the Superintendent if, during the term of this contract, Contractor becomes debarred. The Superintendent may immediately terminate this Contract by providing Contractor written notice if Contractor becomes debarred during the term of this Contract.

The Contractor also certifies that neither it nor its principals are debarred, suspended, or proposed for debarment from participation in transactions by any state department or agency. The Contractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, or proposed for debarment from participation in covered transactions by any state department or agency.

10. Certification Regarding Lobbying. The Contractor certifies that Federal-appropriated funds will not be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress or an employee of a member of Congress in obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Contractor must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Contractor shall require its subcontractors to certify compliance with this provision.

Page 3 of 14 Contract 2025627 Attachment A – General Terms and Conditions between OSPI and

FORM SPI D-283 (Rev. 12/23)

11. Certification Regarding Wage Violations. The Contractor certifies that within three (3) years prior to the date of execution of this Contract, Contractor has not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52.

The Contractor further certifies that it will remain in compliance with these requirements during the term of this Contract. Contractor will immediately notify the Superintendent of any finding of a willful violation entered by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction entered during the term of this Contract.

12. Change in Status. In the event of substantive change in the legal status, organizational structure, or fiscal reporting responsibility of the Contractor, Contractor agrees to notify the Superintendent of the change. Contractor shall provide notice as soon as practicable, but no later than thirty (30) days after such a change takes effect.

13. Confidentiality. The Contractor acknowledges that all of the data, material and information which originates from this Contract, and any student assessment data, material and information which will come into its possession in connection with performance under this Contract, consists of confidential data owned by the Superintendent or confidential personally identifiable data subject to the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) or other privacy laws, and that the data must be secured and protected from unauthorized disclosure by the Contractor. The Contractor is wholly responsible for compliance with FERPA requirements.

The Contractor, therefore, agrees to hold all such material and information in strictest confidence, not to make use thereof other than for the performance of this Contract, to release it only to authorized employees and agents requiring such information and not release or disclose it to any other party. The Contractor agrees to release such information or material only to employees and agents who have signed a written agreement expressly prohibiting disclosure or usages not specifically authorized by this Contract.

14. Copyright Provisions. Unless otherwise provided, all Materials produced under this

Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the Superintendent. The Superintendent shall be considered the author of such Materials. If Materials are not considered “works for hire”, Contractor hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to the Superintendent effective from the moment of creation of such Materials.

Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Copyright ownership includes the right to patent, register and the ability to transfer these rights.

Contractor understands that, except where otherwise agreed to in writing or approved by the Superintendent or designee, all original works of authorship produced under this Contract shall carry a Creative Commons Attribution License, version 4.0 or later.

http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://creativecommons.org/licenses/by/4.0/

Page 4 of 14 Contract 2025627 Attachment A – General Terms and Conditions between OSPI and

FORM SPI D-283 (Rev. 12/23)

All Materials the Contractor has adapted from others’ existing openly licensed resources must be licensed with the least restrictive open license possible that is not in conflict with existing licenses.

For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, Contractor will license the materials to allow others to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the Contractor would like to limit these pre-existing portions of the work to non-commercial use, the Creative Commons Attribution-NonCommercial (preferred) or Creative Commons Attribution-NonCommercial-ShareAlike licenses, version 4.0 or later, are acceptable for these specific sections.

The Contractor warrants and represents that Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to apply such a license.

The Contractor shall exert all reasonable effort to advise the Superintendent, at the time of delivery of data furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Superintendent shall receive prompt written notice of each notice or claim of infringement received by the Contractor with respect to any data delivered under this Contract. The Superintendent shall have the right to modify or remove any restrictive markings placed upon the data by the Contractor.

15. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent maintained by the Contractor for the purpose of securing business. The Superintendent shall have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fees.

16. Disputes. In the event that a dispute arises under this Contract, it shall be determined by a

Dispute Board in the following manner: (1) The Superintendent shall appoint a member to the Dispute Board; (2) the Contractor shall appoint a member to the Dispute Board; (3) the Superintendent and the Contractor shall jointly appoint a member to the Dispute Board; (4) the Dispute Board shall evaluate the dispute and make a determination of the dispute; and, the determination of the Dispute Board shall be final and binding on the parties hereto.

As alternatives to the above Dispute Board process: (1) if the dispute is between two or more state agencies, any one of the agencies may request intervention by the Governor, as provided by 43.17.330 RCW, in which event the Governor’s process shall control; and, (2) if the dispute is between a non-state agency and another state agency or non-state agency party to this Contract, all the disputing parties may mutually agree to mediation prior to submitting the dispute to a Dispute Board in the event the dispute is not resolved pursuant to mediation within an agreed-upon time period.

17. Duplicate Payment. The Superintendent shall not pay the Contractor, if the Contractor has charged or will charge the state of Washington or any other party under any other contract or agreement, for the same services or expenses.

https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fcreativecommons.org%2Flicenses%2Fby-nc%2F4.0%2F&data=04%7C01%7CKyla.Moore%40k12.wa.us%7Cbf2159e520514b9ffd8208da03aeaeb3%7Cb2fe5ccf10a546feae45a0267412af7a%7C0%7C0%7C637826346034509735%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=%2BiJpbpB9W5%2FYSTNRO132H9HXSjzPhtDA6mAmiZxaBBs%3D&reserved=0…