SP_REQ-DASOBO-00030781_Amd-1_Special Ed IEP Services_Approved~1.pdf

SP_REQ-DASOBO-00030781, Amd-1, Special Education IEP Services Page 1 of 5 (formerly SP_REQ-DASOBO-00023952)

REQUEST FOR SPECIAL PROCUREMENT No.

REQ-DASOBO-00030781 (formerly SP_REQ-DASOBO-00023952)

Amendment No. 1

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: October 20, 2022 3. Agency Number: 107090

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

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

7. Amendment Time Period Requested: From: October 21, 2022 To: June 1, 2028

8. Total Estimated Cost for Amendment Time Period: $100,000

Note: The original Special Procurement (“SP”) No. REQ-DASOBO-00023952 (“original SP”) approved a Total Estimated Cost of $50,000. This Special Procurement No. REQ-DASOBO- 00030781, Amendment #1, seeks to add an additional $100,000. If approved, the cumulative SP Total Estimated Cost will be $150,000.

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

Special Education Individualized Education Program (“IEP”) Meeting Facilitation, Mediation, and Complaint Resolution Services (collectively “Services”).

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

a. Amendment Request:

This SP #REQ-DASOBO-00030781 (formerly REQ-DASOBO-00023952), Amendment #1 Request (“SP_Amd-1”) seeks approval to:

• add Special Education IEP Mediation and Complaint Resolution Services to the Supplies and/or Services to be acquired (section 9 above); and

• add $100,000 to the Total Estimated Cost of the SP (section 8 above).

b. Background:

ODE currently manages ten (10) mediator agreements and nine (9) complaint resolution agreements (collectively “the Agreements”). Prior to the approval of the original SP, attached hereto as “Attachment-1”, DAS PS and ODE planned to amend the Agreements to address various contracting matters. Upon further review and consideration, however, ODE has subsequently determined to re-solicit the mediation and complaint resolution Services. Given that both Services are similar in nature and are, to a great extent, provided by many of the same parties who will likely respond to an opportunity for Special Education IEP Meeting Facilitation

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Services, ODE intends to issue one Request for Proposals (“RFP”) seeking all three (3) categories of Services rather than issuing two separate RFPs.

For additional historical and background information see SP_Amd-1_Attachment-1

c. Current Need:

To carry out its state and federal statutory requirements, as detailed in Section 10 of Attachment- 1, ODE needs:

1. To establish a pool of experienced and qualified contractors in all three (3) Services categories (i.e., Meeting Facilitation, Mediation, and Complaint Resolution) for provision of Services to all school districts statewide.

2. The ability to refresh the pool of Services providers in all three (3) Services categories from time to time, ensuring immediate and continued access to experienced and knowledgeable Services providers throughout the state.

d. Proposed Contracting Procedure:

DAS PS on behalf of ODE, will follow the proposed four-step procurement process outlined in the original SP (Attachment-1), Section 10.d for all three (3) Services categories.

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

ODE has need for multiple providers of Special Education IEP Meeting Facilitation, Mediation, and Complaint Resolution Services to ensure that it meets the needs of children with disabilities throughout the state and complies with the requirements set forth in IDEA2004-PL 108-446; the federal law governing special education services and federal funding for eligible infants, toddlers, children, and youth with disabilities across the country. DAS PS and ODE have determined that is necessary to establish a new contractual mechanism that:

1. Provides ODE timely access to a wide pool of quality Special Education Mediator and Complaint Resolution Services, in additional to Meeting Facilitation Services.

2. Provide 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, an SP is required to provide the discretion to utilize the innovative and unique procurement and contracting procedures set forth in Attachment 1.

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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:

1. The contracting procedure described in Attachment-1, section 10.b, Step Two, Initial Solicitation, will encourage competition from all providers of the Services.

2. Attachment-1, section 10.b, Step Four, Service Provider Pool Refresh, 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:

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)).

ODE currently manages (10) mediator agreements and (9) complaint resolution provider agreements that it needs to re-solicit to ensure continued compliance with federal law.

The proposed contracting procedures set out in the original SP and this SP Amd-1 are in the public’s interest given that the Services directly benefit Oregon residents with special education needs and are also provided at no cost to participants.

The same findings and justification statements detailed in SP_Amd-1_Attachment-1 are still applicable

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

Signature: e.g. Electronically in OregonBuys _________________ Name/Title: 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, as amended, 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)

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

• Category(s) of Services awarded in the PA or Services Contract (i.e., Meeting Facilitation, Mediation, Complaint Resolution).

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

• Category of Service(s) authorized under the WOC or Services Request (i.e., Meeting Facilitation, Mediation, Complaint Resolution).

APPROVED:

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