Sole_Source_Notification_20250684.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; 918-83: Organizational Development Consulting;

924-05: Advisory Services, Educational; 924-16: Course Development Services, Instructional/Training; 924-18: Educational Services, Alternative; 924-19: Educational Research

Services; 924-64: Partnering Workshop Facilitation Services; 924-71: School Operation and

Management Services; 924-74: Special Education; 924-86: Vocational Training, All Types

(Including Vocational Rehabilitation and Technical Education)

The Office of Superintendent of Public Instruction (OSPI) intends to award a $236,500 sole source contract to WestEd for the period of July 2025, through June 30, 2026. To ensure continued cohesion of the project, the contract will include the right to renew in whole or in part for fiscal years 26-2027, and 27-2028 by giving notice to the Contractor. If OSPI provides such notice to the Contractor, the Contractor shall be obligated to enter into a contract with the same fiscal obligations as the previous Contract year, provided that OSPI and Contractor shall negotiate any revision of additional services or goals beyond those encompassed in the previous

Contract.

The purpose of this contract is to expand and mobilize the Inclusionary Practices Technical

Assistance Network (IPTN), composed of state Technical Assistance (TA) Providers and State

Education Agency (SEA) Leaders, to improve inclusion rates specifically for Black students with an Individual Education Program (IEP) and students with an IEP who also have Intellectual and

Developmental Disabilities (IDD).

The proposed contractor will accomplish this goal by continuing to operate the IPTN design team, support universal, targeted, and individualized technical assistance activities for IPTN member organizations, working with OSPI in establishing an IPTN advisory, and further advancing IPTN infrastructure (e.g. website, communication tools, and network guidance documents).

Sole Source Notification

Inclusionary Practices Technical Assistance

Network Expansion 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 20250684 Page 2 of 6

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 June 20, 2025.

Capability statements must address the following state requirements:

• Experience in Washington systems change, focusing on exclusionary practices of identified groups as named in the IPTN aim statement

• Experience in implementation and improvement sciences

• Experience addressing systemic disproportionality

• Strong facilitation skills and collaboration skills

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

WestEd.

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

Attachment 1 – Sole Source Contract Filing Justification

Specific Problem or Need

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

During the 2024 Washington Legislative session, OSPI was provided with funding through a budget proviso (Engrossed Substitute Senate Bill 5950, Sec. 501

(4)(z)(mm)(i)(B)) to increase inclusion for students with disabilities in the state of

Washington through investments in professional development and technical assistance.

Through this contract, OSPI seeks to sustain and expand the Inclusionary Practices

Technical Assistance Network. The Contractor will accomplish this goal by continuing to operate the IPTN design team, support universal, targeted, and individualized technical assistance activities for IPTN member organizations, working with OSPI in establishing an IPTN advisory, and further advancing IPTN infrastructure (e.g. website, communication tools, and network guidance documents).

mailto:contracts@k12.wa.us

OSPI Sole Source Contract 20250684 Page 3 of 6

Sole Source Criteria

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

WestEd is expert and has unique qualifications in the areas of Universal Design for

Learning, Addressing Disproportionality, and engaging in systems change through implementation and improvement science. Expertise in all these areas are necessary to achieve the outcomes we have outlined in the Inclusionary Practices Technical Assistance

Network theory of action and overarching goals. This is a very complex, ongoing project that is addressing systemic inequities in the educational system and having clear, consistent, and well-articulated plans, communications, and systems in place to address these systemic inequities are much of what WestEd addresses through their scope of work and what they will continue to support IPTN with as we move to this next phase of implementation with the network.

WestEd has partnered with OSPI on this work since 2023, when they began with co-facilitating, coordinating, and developing materials and resources to establish the IPTN as a network within the state. This context and history, allows WestEd to be uniquely positioned to build on the work of the IPTN, keeping a coherence to the foundational that was set in previous contracts.

• 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.

The organization and facilitation of a large technical assistance network such as this depends on both the expertise and staffing from OSPI as the state education agency, but with this scope of work and the level and expertise of technical assitance required, OSPI determined outside support is necessary for successful implmentation to result in positive student outcomes as outlined in the Inclusionary Practices Techincal Assistance

Network's (IPTN) aim statement. OSPI is already utilizing all internal resources and have members of Educational Service Districts (ESDs) and cross divisional partners engaged in this work, but determined the network benefits from the expertise of WestEd and their familiarity with both the national landscape related to this work in addition to their close ties with Washington state and their familiarity with this project as a result of their partnership and engagement with us over the course of the last year of the IPTN. OSPI’s

Special Education Division, who is coordinating and leading the work of the IPTN, partners with several technical assistance providers and originally sought out WestEd for this work recognizing its complexity and knowing that WestEd had experience in this type of systems level work. WestEd was identified as a result of their exceptional skills in the areas required for successful implementation.

OSPI Sole Source Contract 20250684 Page 4 of 6

• 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.

The statewide contract lists were searched for areas of expertise/services including

"Special education project management," "special education project," "special education technical assistance," and "Special education," but no vendor provides such services.

The Center for Strengthening the Teaching Profession (CSTP) was the first project manager (PM) for the Inclusionary Practices Professional Development Network (IPTN) in 2020. They were the PM for four years and each year’s scope of work and budgets were reviewed to compare related costs with the proposed WestEd renewal. CSTP also served as a PM on the educator preparation partnership between OSPI, Collaboration for Effective Educator Development, Accountability and Reform (CEEDAR), Washington

Association of Colleges for Teacher Education (WACTE), eLearning for Educator, and other content experts in 2021. The review demonstrated that the proposed contract continuation with WestEd is reasonably priced and that the qualifications to be the PM for IPTN have become increasingly more difficult to meet.

Beginning last year, the PM must have experience in Washington systems change, focusing on exclusionary practices of identified groups as named in the IPTN aim statement. The PM must have experience in implementation and improvement sciences and experience addressing systemic disproportionality. The PM must have strong facilitation skills and collaboration skills as this role requires high levels of collaboration with State Education Agency leadership in addition to collaboration and coaching of state selected technical assistance providers and other partners. Technical assistance and research organizations affiliated with Washington colleges and universities, along with previous project leaders like the Center for Strengthening the Teacher Profession, were considered for this work. Professional organizations (Washington Educators Association, Association of Educational Service Districts, etc.) were also considered because of their experience as coordinating bodies, but none of the organizations had the same capacity and experience with implementation and improvement sciences and the extensive knowledge of disrupting systems of disproportionality.

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

No.

OSPI Sole Source Contract 20250684 Page 5 of 6

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

OSPI determined unbundling the services and dividing the work amongst multiple, smaller organizations is not appropriate because the work and technical assistance provided must be cohesive.

• 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.

OSPI's Special Education department completed DES' Unbundling Analysis Worksheet, which indicated the work was unlikely to unbundle based on the size, complexity, services, timing, and coherence of the project.

• 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).

Due to the complexity of this work, established partnerships, and strong foundation that exist with WestEd, OSPI estimates the cost to get a new contractor up to speed would be approximately $100,000. Given that there is only limited funding occurring within a short timeline, it would be very detrimental to the work to start over with a new contractor, especially given the work already accomplished over the course of this last year. As a result of the complexity of the work, having the time to build relationships is an essential component which is already in place with WestEd.

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

• 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.

• 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 Filing is not approved, it would significantly impact the success of the

IPTN given WestEd's significant contributions and role in the implementation of this work. Given the complexity of what the IPTN is aiming to accomplish, having expertise from WestEd in the areas identified as goals of the network and the infrastructure they provide is critical to its success. WestEd is the organization that provides continuity, OSPI Sole Source Contract 20250684 Page 6 of 6 direction, and content expertise to the IPTN cadre of vendors. Without WestEd’s presence, the project will suffer from misalignment of cadre content, be less cohesive and collaborative. The IPTN is striving to create self-sustainability and better outcomes for students across Washington, and WestEd’s leadership in this space is essential to achieving both goals. Lastly, given the focus of this work is on Washington’s historically most underserved populations, the absence of WestEd’s leadership and partnership could further perpetuate “start / stop” narratives related to efforts to improve outcomes for these student populations (Black students with disabilities and students with disabilities having intellectual or developmental delays) that after often experienced by these populations across the country. WestEd provides consistency and continuity of these efforts that is very helpful especially as the state establishes the network in this earliest phase.

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.

OSPI has partnered with WestEd before on contracts that are comparable in content to what is being currently proposed (Contract No. 20230186, 20230375, 20210292, and

20250205) and was satisfied with the costs and outcomes of each contract. The costs breakdown and rates for the newly proposed contract are comparable, not inflated, or unreasonable.

Attachment 2 – Proposed Draft Sole Source Contract

See next page

Page 1 of 8 Contract 20250684 between OSPI and WestEd (Rev. 09/24)

CONTRACT FOR SERVICES

Contract No. 20250684 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

WESTED

(hereinafter referred to as Contractor) 730 Harrison Street

San Francisco, CA 94107-1242

Employer Identification #94-3233542 Unified Business Identifier #602-354-077

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 objectives of this Contract are as follows:

OSPI seeks to expand and mobilize the Inclusionary Practices Technical Assistance Network (IPTN), composed of state Technical Assistance (TA) Providers and State Education Agency (SEA) Leaders, to improve inclusion rates specifically for Black students with an Individual Education Program (IEP) and students with an IEP who also have Intellectual and Developmental Disabilities (IDD). The Contractor will accomplish this goal by continuing to operate the IPTN design team, support universal, targeted, and individualized technical assistance activities for IPTN member organizations, working with OSPI in establishing an IPTN advisory, and further advancing IPTN infrastructure (e.g. website, communication tools, and network guidance documents).

Page 2 of 8 Contract 20250684 between OSPI and WestEd

I.B. Scope of Work. In order to accomplish the general objectives of this Contract, expanding on previous Contract 20250205, Contractor shall perform the following specific duties to the satisfaction of the OSPI Contract Manager:

1 This task is a core component of all other tasks in this theory of action. The IPTN Design Team is the primary development and coordination lead to all IPTN activities and network partners. WestEd and OSPI staff work in partnership with each other to conduct the work of the network.

2 Evaluation activities will focus on evaluating the entire theory of action defined in this scope of work and offer OSPI and WestEd a means of monitoring their progress in these efforts.

If WestEd partners with OSPI to complete the following tasks:

Task 1: Design Team1 - Recruit new members to the design team with sphere of influence in OSPI web development and general district technical assistance areas. Facilitate design team strategic planning meeting with OSPI to develop five- (5-) year implementation plan, conducts ongoing virtual one-on-one and team meetings with OSPI focused on coordinating, facilitating, and problem-solving on IPTN related tasks and activities with progress detailed in quarterly progress reports, Task 2: IPTN Member Meetings – Create an IPTN Member Meeting Schedule, carry out monthly IPTN meetings (September through June) and offer technical assistance (TA) to IPTN members, co-facilitate communities of practice (CoPs), and support one-on-one meetings with IPTN members—all focused-on coordinating efforts to equip and empower IPTN members to support WA districts apply inclusive practices to have a positive impact on the IPTN aim student populations with progress detailed in quarterly progress reports, Task 3: IPTN Advisory – Create an IPTN Advisory Meeting Schedule, coordinate, and support the IPTN advisory, a board of engaged stakeholders having unique knowledge, experiences, and expertise in the focus of the network aim, to guide the focus of the network toward the actual needs of students in the WA community, especially Black students with disabilities and students with intellectual and developmental delays with progress detailed in quarterly progress reports, Task 4: IPTN Infrastructure – Establish and update IPTN public facing tools and resources such as the IPTN internet web page, IPTN Theory of Action, and the IPTN at-a-glance.

Within these activities, WestEd and OSPI will create and coordinate needed tools that arise as needed when facilitating the activities of the network, and Task 5: Evaluation2 – Design and carry out an evaluation plan monitoring the effectiveness of the IPTN’s efforts and the degree these efforts are creating positive outputs and outcomes related to the network aim for the state that is communicated through a final evaluation report.

Then OSPI and the IPTN will experience and accomplish the following outputs:

Output 1 – OSPI will establish and follow a five- (5-) year implementation plan that uses a backward design model to support the department having a multi-year master plan to impact the IPTN aim and build the overall IPTN network as a sustained entity within the state of Washington, Output 2 – IPTN advisory, members, and districts will report a shared understanding and detailed coordinated actions they are taking within their sphere of influence to make a positive impact on the IPTN aim, and Output 3 – IPTN members will mobilize efforts in training, coaching, and resource development as individual organizations and collaborative groups scaling the IPTN aim and IPTN 2.0 guidance and recommendations in their work with districts, Page 3 of 8 Contract 20250684 between OSPI and WestEd

I.C. Deliverables. The Contractor shall provide the following deliverables to the OSPI Contract

Manager by the dates indicated below:

SCHEDULE OF DELIVERABLES

# Activity Deliverable # of

Deliverables Due Date

Task 1 - Activities to Support IPTN Design Team

Task 1.1 Design Team Strategic Planning Meeting: five- (5- ) Year IPTN Plan – Defining the foci of IPTN activities over the course of the next five years across all IPTN partner roles.

5-Year IPTN Plan

1 9/30/2025

Task 1.2 Design Team Meetings Planning IPTN: Design Team Quarterly Summaries detailing how the IPTN design team completed IPTN member meetings, IPTN advisory meetings, Community of Practice meetings, and other related events tied to the IPTN.

Quarterly Progress Report

9/30/2025, 12/31/2025, 3/31/2026, 6/30/2026

Task 2 - Activities to Support IPTN Member Meetings

Task 2.1: IPTN Member Meetings Planning: IPTN Meeting Schedule with Linked IPTN Session Materials and Templates serving as a scope and sequence to IPTN meetings that includes stakeholder access to important session materials.

IPTN Member Meeting

Schedule 1 9/30/2025

Task 2.2: IPTN Member Meeting Progress Report:

Quarterly Progress Reports detailing the number of IPTN sessions that have occurred each quarter, documentation of key learnings from IPTN sessions, and updates regarding changes to the IPTN Meeting Schedule.

Quarterly Progress Reports

9/30/2025, 12/31/2025, 3/31/2026, 6/30/2026

Task 3 - Activities to Support IPTN Member Meetings

Task 3.1: IPTN Advisory: Advisory Meeting Schedule with links to advisory member materials and templates serving as a scope and sequence to IPTN meetings that includes stakeholder access to important session materials.

IPTN Advisory Meeting

Schedule 1 9/30/2025

Output 4 – OSPI will expand its web presence and resource library to include IPTN member created tools, resources, and success stories showcasing the impact of the network, Output 5 – Increase the number of school districts focusing on IPTN aim student populations and the related inclusion increases being focused on by the network for these student groups.

So that, Washington’s educational system achieves the following outcomes:

IPTN Outcomes Within one (1) year, LRE 1 for all students with an IEP groups by two percent (2%), LRE 1 for Black students with an IEP grows by four percent (4%), and LRE 1 for students having intellectual and developmental disabilities (IDD) groups by six percent (6%), resulting in proportionate representation of students across racial and ethnic groups regarding eligibility and placement within special education services and improved access and outcomes regarding post-secondary measures of success.

Page 4 of 8 Contract 20250684 between OSPI and WestEd

SCHEDULE OF DELIVERABLES

# Activity Deliverable # of

Deliverables Due Date

Task 3.2: Advisory Sessions: Four (4) Quarterly Progress Reports detailing the number of IPTN advisory sessions that have occurred each quarter, documentation of key learnings from IPTN sessions, and updates regarding changes to IPTN Advisory Meeting Schedule.

Quarterly Progress Reports

9/30/2025, 12/31/2025, 3/31/2026, 6/30/2026

Task 4 - Activities to Support IPTN Infrastructure

Task 4.1: IPTN Theory of Action: IPTN Theory of Action detailing how the IPTN members will coordinate technical assistance efforts to equip districts to work toward the IPTN aim statement.

IPTN Theory of Action 3.0

1 12/31/2025

Task 4.2: IPTN At-A-Glance Document: IPTN At-A-Glance Update detailing how the IPTN operates within Washington so that districts, advisory, members, and outside constituents understand the role and scope of the network within the state.

IPTN At-A- Glance

1 12/31/2025

Task 4.3: Website Updates: Website updates at two different intervals within the year focused on making improvements and updates to the IPTN website based on key learnings gathered through IPTN activities.

Website Update Document

12/31/2025, 6/30/2026

Task 4 - Activities to Support IPTN Infrastructure

Task 5.1: Evaluation Plan: Evaluation Plan detailing how WestEd will evaluate the work of the IPTN monitoring the effectiveness of implementation.

Evaluation Plan Document

1 9/31/2025

Task 5.2: Final Evaluation Report: Final Evaluation Report detailing the outcome and impact of WestEd’s work with OSPI including the degree IPTN is meeting its goals as a network.

Evaluation Report

1 6/30/2026

I.D. Accessibility and Brand Compliance. All documents, videos, audio records, presentations, or other deliverables required under this Contract shall be produced in format, compliant with the Americans With Disabilities Act and follow the Web Content Accessibility Guidelines (WCAG) 2.0, OSPI’s formatting standard specified in Attachment B – OSPI Americans with Disabilities Act Compliance: Graphics and Colors, OSPI’s Brand Use Policy, and OSPI’s Style Guide, which are hereby incorporated by this reference. In the event that the deliverables are not compliant, OSPI may require Contractor to promptly make modifications that will make the deliverables compliant. Additionally, OSPI shall have the right to modify or copy the deliverables in order to make them accessible and/or compliant.

https://www.w3.org/WAI/WCAG20/glance/ https://www.w3.org/WAI/WCAG20/glance/ https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/Agency-Brand-Use-Policy.pdf https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/StyleGuide.pdf https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/StyleGuide.pdf

Page 5 of 8 Contract 20250684 between OSPI and WestEd

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:

July 7, 2025, date of approval by DES, or date of execution, whichever is later, through June 30, 2026.

OSPI has the right to renew this Contract in whole or in part for fiscal years 26-2027, and 27-2028 by giving notice to the Contractor. If OSPI provides such notice to the Contractor, the Contractor shall be obligated to enter into a contract with the same fiscal obligations as the previous Contract year, provided that OSPI and Contractor shall negotiate any revision of additional services or goals beyond those encompassed in the previous Contract.

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 two hundred thirty-six thousand five hundred dollars ($236,500), 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.

III.A.2. Funding Source. One hundred percent (100%) of the funds for the payment of this Contract are provided by federal program IDEA B – Grant to States, CFDA #84.027A /Award #173A2300741, therefore, Contractor shall comply with Federal Grant Terms and Conditions, attached hereto as Attachment A1.

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.

Page 6 of 8 Contract 20250684 between OSPI and WestEd

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

Contractor shall submit invoices to the OSPI Contract Manager in accordance with the Schedule of Payments set forth below:

SCHEDULE OF PAYMENTS

# Deliverable # of

Deliverables Unit Cost

Activity Total

Due Date

Task 1 - Activities to Support IPTN Design Team

1 5-Year IPTN Plan 1 $13,000 $13,000 9/30/2025

2 Quarterly Progress Report 4 $13,000 $52,000

9/30/2025, 12/31/2025, 3/31/2026, 6/30/2026

Task 2 - Activities to Support IPTN Member Meetings

3 IPTN Member Meeting Schedule 1 $9,350 $9,350 9/30/2025

4 Quarterly Progress Reports 4 $9,350 $37,400

9/30/2025, 12/31/2025, 3/31/2026, 6/30/2026

Task 3 - Activities to Support IPTN Member Meetings

5 IPTN Advisory Meeting Schedule 1 $4,950 $4,950 9/30/2025

6 Quarterly Progress Reports 4 $4,950 $19,800

9/30/2025, 12/31/2025, 3/31/2026, 6/30/2026

Task 4 - Activities to Support IPTN Infrastructure

7 IPTN Theory of Action 3.0 1 $5,875 $5,875 12/31/2025

8 IPTN At-A-Glance 1 $5,875 $5,875 12/31/2025

9 Website Update Document 2 $5,875 $11,750 12/31/2025, 6/30/2026

Task 4 - Activities to Support IPTN Infrastructure

10 Evaluation Plan Document 1 $27,500 $27,500 9/31/2025

11 Evaluation Report 1 $27,500 $27,500 6/30/2026 Sub Total $215,000

10% Indirect $21,500

Total $236,500

Page 7 of 8 Contract 20250684 between OSPI and WestEd

III.B.2. Invoice Requirements. The invoices 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 invoices 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.

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

Intentionally left blank Intentionally left blank

Page 8 of 8 Contract 20250684 between OSPI and WestEd

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

• Attachment B – OSPI Americans with Disabilities Act Compliance: Graphics and Colors

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

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.

WestEd 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 13 Contract 20250684 Attachment A – General Terms and Conditions between OSPI and WestEd 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.

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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.

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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/

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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 for the same services or expenses for the services provided under this contract.

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