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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00023952

PART A. Requesting Agency must complete Items 1 through 13.

1. Requesting Agency Name: Department of Administrative Services, Procurement Services, (“DAS PS”), on behalf of the Oregon Department of Education (“ODE”)

2. Date of Request: April 1, 2022 3. Agency Number: 107090

4. Agency Contact Name: Jennifer Jolley 5. Phone: 971-900-7695

6. Type of Request: Class Special Procurement __X___ Contract-specific Special Procurement

7. Time Period Requested: From: June 1, 2022 To: June 1, 2028

8. Total Estimated Cost: $50,000

9. Title: Supplies and/or Services to be Acquired:

Special Education Individualized Education Program (“IEP”) Meeting Facilitation Services

10. Request, Background, Current Need, and Proposed Contracting Procedure:

a. Request:

This Special Procurement (“SP”) Request #REQ-DASOBO-00023952 seeks approval to:

1. Use an alternate, accelerated, procurement process that may result in award of multiple Price Agreements for Special Education IEP Meeting Facilitation Services (“Services”).

2. Permit ODE to engage such Services in an accelerated manner.

3. Permit the State to periodically refresh the pool of Price Agreement holders (“Contractors”) in an accelerated manner.

b. Background:

ODE, through its Office of Enhancing Student Opportunities (“OESO”), supports and monitors the following programs, which provide direct services to diverse learners and assists in the development of strategies to address unique learning differences:

• special education

• early childhood/early childhood special education

• accountability and program compliance

• capacity building and partnerships with community stakeholders

This programmatic work is designed to ensure that all students with disabilities are provided an education that meets their needs. The focus allows learners to demonstrate their skills and to benefit from participation in meaningful venues as they prepare to become contributing members of the adult community.

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The Individuals with Disabilities Act (“IDEA”), as amended in 2004 (IDEA 2004-PL 108-446), is a federal law governing special education services and federal funding for eligible infants, toddlers, children, and youth with disabilities across the country.

• Children and youth (ages 3-21) receive special education and related services under IDEA, Part B.

• Infants and toddlers with disabilities (age’s birth - 2) and their families receive early intervention services under IDEA Part C.

In Oregon, IDEA funds have helped support the education of almost 83,000 children with disabilities in the past year. For more information about IDEA see the U.S. Department of Education website at http://idea.ed.gov.

Under the federal requirements of IDEA, ODE must:

1. have procedures established to carry out independent investigations and issue written decisions in response to filed complaints alleging violation of the IDEA.

2. maintain a list of individuals who are qualified mediators and complaint resolution providers who are knowledgeable in laws and regulations connected to the provision of special education and related services (34 CFR §300.506(b)(3)(i)).

In compliance with IDEA law, ODE has issued and manages (10) mediator agreements and (9) complaint resolution provider agreements, the services under which are provided at no cost to participants.

As a courtesy opportunity, and in addition to the established pool of mediator and complaint resolution provider agreements, ODE seeks to establish one or more Special Education IEP Meeting Facilitation Services agreements. ODE’s goal is to have facilitators available to assist at the IEP Meetings to:

• mitigate escalation to a mediator or compliant resolution provider; and

• ensure the best interests of the students are met.

To that end, DAS PS on behalf of ODE is developing a Request for Proposal (“RFP”), which will solicit Special Education IEP Meeting Facilitation Services from qualified facilitators.

c. Current Need:

To carry out its state and federal statutory requirements, ODE needs:

1. To establish a pool of experience and qualified contractors to provide Special Education IEP Meeting facilitation to all school districts throughout the State of Oregon.

2. The ability to refresh the pool of IEP Meeting facilitation contractors from time to time, ensuring immediate and continued access to experienced and knowledgeable facilitators.

d. Proposed Contracting Procedure:

DAS PS, on behalf of ODE, proposes the following four-step procurement process:

Step One: Notice of Approved Special Procurement

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, DAS PS will issue a public notice of the approved SP on the OregonBuys eProcurement system for period of seven (7) calendar days.

2. The notice will include provision that any affected party may protest the approval of the SP.

3. DAS PS, working with ODE, will respond to and resolve all protest(s) of the SP, if any.

http://idea.ed.gov/

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4. If no protests are received and sustained, DAS PS, on behalf of ODE, will proceed with Step Two.

Step Two: Initial Solicitation DAS PS, on behalf of ODE, will develop and conduct a competitive sealed procurement (RFP) as set forth in OAR 125-247-0260 to establish one or more Price Agreements or Contracts for the Services.

1. DAS PS in coordination with ODE, will develop the solicitation meeting all statutory, rule, policy, and program requirements, and will address matters such as:

a. Contractor requirements and evaluation criteria.

b. Scoring, evaluation, and award process.

c. Contract form (i.e., Price Agreement or Services Contract)

d. Services ordering instrument, including contractor selection and rotational processes.

e. Terms and conditions for the Price Agreements or Services Contracts.

2. DAS PS will publish the RFP electronically in OregonBuys.

3. For all proposals received, DAS PS will conduct a responsiveness check.

4. For all proposals passing the responsiveness check, DAS PS may clarify, conduct interviews, conduct negotiations, and other allowed procurement evaluations to create an effective Price Agreement(s) or Services Contract(s).

5. DAS PS may award one or more Price Agreements or Services Contracts.

6. Award of a Price Agreement(s) or Services Contract(s) will be based on specific criteria detailed in the RFP. DAS PS may move directly to award after all required negotiations have been completed.

Step Three: Services Ordering Process Once the Price Agreement(s) or Services Contract(s) are in place, ODE will be permitted to use the Services Ordering Instrument (e.g., Work Order Contract, Services Request, etc.), to request the Services, as permitted by law and by following the contractor selection process as generally set forth below, which will be more specifically defined in the RFP.

Contractor selection process:

1. ODE will issue an electronic notice (the “Notice”) to all contractors holding a Price Agreement or

Services Contract for Special Education IEP Meeting Facilitation Services. The Notice will include:

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

• Contractor response and submission requirements.

• Contractor evaluation and award or selection process.

2. Contractors shall submit responses to ODE within 12 hours of Notice issuance or as otherwise set out in the Notice.

A. If 2 or more contractors respond to the same Notice, ODE will use a rotational process to determine the awarded contractor, unless there is a conflict. For example, if one of the responding contractors has already conducted a prior facilitation or mediation with the same parties, award will be made to that contractor. The rotational list and process will be set out in greater detail in the Initial Solicitation (Step Two) above.

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Step Four: Service Provider Pool Refresh From time to time and at such time that ODE determines additional Special Education IEP Meeting Facilitators are needed, ODE will engage DAS PS to conduct a shortened solicitation process Pursuant to the provisions generally set forth below:

1. DAS PS will issue the solicitation, which will incorporate the provisions and requirements of the initial solicitation, and will address any potential additional issues, such as:

a. other additional requirements

b. scoring and evaluation process

c. Contract form (i.e., Price Agreement or Services Contract)

d. Services ordering instrument (including the contractor selection and award process)

e. Price Agreement or Services Contract terms and conditions.

2. DAS PS will publish the solicitation electronically in OregonBuys for a minimum of fourteen (14) days to notice the vending community.

3. For all proposals received, DAS PS will conduct a responsiveness check.

4. For all proposals passing the responsiveness check, DAS PS may clarify, conduct interviews, conduct negotiations and other allowed procurement evaluations to create an effective Price Agreement(s) or Services Contract(s).

5. DAS PS may award one or more Price Agreements or Services Contracts.

6. Any qualified proposer may submit a proposal within the specified time frame; however, DAS PS may proceed to bilateral negotiations with any Services facilitator(s) that the State believes can supply the specific Services that the State requires to meet the needs set forth in the solicitation.

7. Award of additional Price Agreement(s) or Services Contract(s) will be based on specific criteria detailed in the solicitation. DAS PS may move directly to award after all required negotiations have been completed.

11. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation.

ODE supports approximately 83,000 children with disabilities. ODE has need for multiple providers of Special Education IEP Meeting Facilitation Services to ensure it meets the needs of children with disabilities and complies with the requirements set forth in IDEA2004-PL 108-446. DAS PS and ODE have determined that it is necessary to establish a new contractual mechanism that:

1. Provides ODE timely access to a wide pool of quality Special Education IEP Meeting Facilitation Services.

2. Provides ODE with timely access to multiple experienced and knowledgeable contractors who will support ODE in fulfilling its requirements under IDEA 2004 -PL 108-446.

3. Creates a known, static set of terms and conditions and performance metrics for ODE to rely upon and that meets the requirements of state statutes, rules, and policies.

Due to the limitation of existing competitive solicitation methods, a SP is required to provide the discretion to utilize the innovative and unique procurement and contracting procedures set forth above.

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12. Findings to Satisfy the Required Standards: This proposed special procurement:

___X___ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because:

This request for SP does not dimmish competition for contractors because:

1. Step Two, Initial Solicitation, described above in section 10.b above will encourage competition from all providers of the Services.

2. Step Four, Service Provider Pool Refresh, described in section 10.b above will be conducted open and competitive. All providers of the required Services will be able to compete for a Price Agreement or Services Contract award.

3. Smaller firms will be encouraged to participate as they will have the ability to provide the Services only in areas they serve and will not have to compete with larger firms that can provide Services in more areas throughout the State.

and

______ (b)(i) will result in substantial cost savings to the contracting agency or to the public because:

or

__X____ (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because:

During the COVID-19 pandemic lockdown, the need for additional alternatives to mediation and complaint resolution services became apparent. ODE recognized the need for facilitation services during Special Education IEP meetings to help resolve issues when mediator or complaint resolution services are not necessary. Using a facilitator rather than a mediator or complaint resolution provider may likely produce the following benefits:

1) Reduction in the time required for the parties to reach a mutually acceptable resolution.

2) Increase in the number of Special Education IEP Meetings reaching successful outcomes through facilitation services, which may also result in potential cost savings if escalation to mediators and complaint resolution services providers is not necessary.

3) Meeting the needs of special education students in an efficient and timely manner to support their successful educational outcomes.

The planned process set out in section 10.d above serves the following public policy interests expressed in

ORS 279A.015:

1. Use simple, clear, and modern government practices.

2. Make efficient use of government resources.

3. Maximize economic investment in Oregon public contracting.

4. Conduct impartial and meaningful competition, which is demonstrated in the procurement processes set out in Section 10.d above; specifically Step Two: Initial Solicitation, Step Three: Services Ordering Process, and Step Four: Provider Pool Refresh.

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13. Signature: The actual signature of the Agency Head or designee (e.g., Designated Procurement Officer) is not required on the Request if it is submitted through OregonBuys. Agency may elect to attach a signed Request.

Signature: e.g., Electronically in OregonBuys _________________ Type Name: Date:

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PART B. The Department of Administrative Services completes Part B.

STATUTORY AND RULE AUTHORITY:

ORS 279B.085(2) states the Director of the Department of Administrative Services may approve a special procurement if the Director finds that a written request submitted under ORS 279B.085(4) demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the Director will:

(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b)(A) Result in substantial cost savings to the contracting agency or to the public; or

(B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder.

OAR 125-246-0170 delegates the authority of the Director of the Department of Administrative Services to approve special procurements to the State Chief Procurement Officer. OAR 125-247-0285 through 125- 247-0288 implement ORS 279B.085.

OAR 125-247-0700(2) Protests and Judicial Review of Special Procurements designates the State Chief Procurement Officer as the Contract Review Authority.

FINDINGS: The findings are accepted, adopted, and incorporated by reference herein.

CONDITIONS OF APPROVAL:

1. Notice Period. The Authorized Agency shall post the Public Notice on ORPIN. The Special

Procurement may not be used until after the completion of the seven (7) day notice period required pursuant to OAR 125-247-0287(4), and either:

a. No Written protests are received by the Contract Review Authority, State Chief Procurement Officer, from an Affected Person in response to the notice, or

b. If any protest is received during the notice period, then not until:

i. the State Chief Procurement Officer or delegate issues a written disposition of the protest in accordance with ORS 279B.400 and OAR 125-247-0700 and OAR 137-047-0700, and

ii. confirms in writing the first possible date of use of the Special Procurement.

2. ORS 279A.165 Requirements. Agency shall comply with the requirements of ORS 279A.165 and

OAR 125-247-0287(12) regarding a report about this Special Procurement. Agency shall use a form and follow the instructions provided by the State Chief Procurement Officer or delegate.

3. While this SP is in effect, ODE shall report annually (every January) to DAS PS the following information for the previous year:

a. Price Agreements or Services Contracts: List of all Price Agreements (“PAs”) or Services

Contracts in effect during the subject year including:

• PA or Services Contract Number (as recorded in OregonBuys)

• PA or Services Contract Holder Name (i.e., Contractor name)

• PA or Services Contract Term (i.e., Effective (Start) Date and Expiration Date)

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b. Work Order Contracts or Services Requests: List of all Work Order Contracts (“WOCs”) or Services Requests issued during the subject year including:

• WOC or Services Request Number (as recorded in OregonBuys)

• PA or Services Contract Holder Name (i.e., Contractor name)

• WOC or Services Request Term (i.e., Effective (Start) Date and Expiration Date)

• WOC or Services Request Value

APPROVED:

Kelly Mix, State Chief Procurement Officer Date Department of Administrative Services

6-21-2022