[int-per]

Thu May 8 17:35:18 PDT 2003

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April 16, 2003

TO:       Interested Parties

RE:       Request for Proposal for Complaint Resolution Services Fiscal Year
2003-2005

The Oregon Department of Education (ODE) is requesting proposals from
eligible contractors to provide specific services to the Office of Special
Education (OSE).  ODE is interested in establishing a pool of qualified
complaint investigators. 

The OSE is charged with the responsibility of investigating complaints filed
against school districts under Oregon Administrative Rule (OAR) 581-015-0054
for violations of the Individuals with Disabilities Education Act regarding
special education services to students with disabilities.  The selected
contractor(s) will be asked to conduct the investigations and draft orders
following Department standards and direction.  The contractor(s) must be
able to meet certain timelines and procedural guidelines and be able to
conduct on-site investigations anywhere in the State of Oregon.  The
contractor(s) will work with the OSE Legal Specialist in this and other
activities related to compliance with state and federal special education
laws.

Qualifications:

A.  An individual must meet the following qualifications:

1.  Law degree or graduate degree in special education with at least five
years experience in applying special education law;

2.  Knowledge of and experience with the application of special education
law;

3.  Experience  reviewing student records and interviewing parents, students
and staff;

4.  Demonstrated skill in factual report writing and application of rules to
facts; and

5.  Demonstrated professionalism, objectivity, and effective communication
skills.

B.  In addition, the person:

1.  May not be a person having a personal or professional interest which
would conflict with his or her objectivity;

2.  Must meet the State qualifications to be an independent contractor,
including maintaining the required levels of insurance (see attachment); and

3.  May not be an employee of a public agency which is involved in the
education of children.

Responsibilities:

A.  On complaints assigned under OAR 581-015-0054, the contractor(s) will be
responsible for all or part of the following within required timelines:

1.  Interviewing parents, students, staff and others about  the complaint;

2.  Writing correspondence to school districts, parents or others; 

3.  Consulting with employees of the ODE;

4.  Reviewing student records and other documents; and

5.  Preparing and delivering draft orders with: findings of fact supported
by the evidence; conclusions; a discussion of the conclusions; and
corrective action when appropriate;

B.  The complaint process must be completed within a 60-day time period as
specified in the complaint procedures unless ODE extends the timeline for
exceptional circumstances related to the complaint.

C.  The contractor will provide all materials and equipment necessary to
carry out the assigned work.

Scope of Work:

The amount of work related to this contract will vary according to the needs
of ODE .  The number of investigations may range from one to six per month.
Responding to complaints may require an average of three to five work days
per investigation.  ODE will consider the investigator's availability in
assigning work.  Exceptions to these guidelines should be expected.

Consultation:

The contractor(s) will receive assignments from and deliver reports to the
OSE Legal Specialist, who has primary responsibility for the complaint
process and related compliance procedures.

Payment:

ODE will compensate the contractor(s) at a rate not to exceed $65.00/hr.
upon receipt of a monthly invoice detailing the hours per complaint
investigated and specific nature of work.  The actual hourly rate will
depend on the qualifications of the successful bidder.  Transportation costs
will be reimbursed at ODE rates.  Per diem costs will be reimbursed at ODE
rates for non-represented staff.  

Term:  

The contract(s) awarded under this proposal will be for up to a two-year
period from July 1, 2003 to June 30, 2005, and may be amended by mutual
consent of ODE and the contractor.   

How to Submit a Proposal:

Potential contractors must submit the following:

1.  A resume setting forth the applicant's qualifications;

2.  A writing sample (2-3 pages), preferably one relating to special
education law;

3.  A narrative explaining how the applicant's qualifications relate to the
responsibilities required by this position;

4.  The hourly rate for which the contractor will carry out the approved
work.

ODE may conduct interviews and require completion of a test to select
qualified applicants.  The test  

Send to Oregon Department of Education, Office of Special Education, 255
Capitol St. NE, Salem, OR  97310-0203.  The ODE contact is Suzy Harris,
telephone (503) 378-3600, ext. 2333.  This RFP is open until ODE receives
enough qualified proposals to meet ODE's need for investigators.  ODE will
give first priority to proposals submitted by May 12, 2003.  

Robert J. Siewert, Supervisor                        

Special Education Programs

Office of Special Education

(503) 378-3600, ext. 2290

bob.siewert at state.or.us

Attachment

EXHIBIT C

CERTIFICATION STATEMENT FOR AN INDEPENDENT CONTRACTOR

Part A.  CONTRACTOR IS A CORPORATION.

The Contractor is a corporation authorized to do business in the State of
Oregon.

Contractor Signature
Date                             

(If Contractor signs Part A, remainder of this Certification Statement does
not need to be completed. Contractor shall return this form, regardless of
which Parts are completed to the Agency. Contractor shall complete either
Part A or Part B).

Part B.  CONTRACTOR IS AN INDEPENDENT CONTRACTOR.

(Used when Contractor is an Independent Contractor or a professional
corporation and meets following standards)

1.  I am licensed under ORS chapter 701 to provide labor or services for
which such registration is required.

2.  I have filed federal and state income tax returns in the name of my
business or a business Schedule C as part of the personal income tax return,
for the previous year, or expect to file federal and state income tax
returns, for labor or services performed as an independent contractor in the
previous year.

3.  I will furnish the tools or equipment necessary for the contracted labor
or services.

4.  I have the authority to hire and fire employees who perform the labor or
services.

5.  I represent to the public that the labor or services are to be provided
by my independently established business as four (4) or more of the
following circumstances exist.  (Please check four or more of the
following:)  

              A.The labor or services are primarily carried out at a
location that is separate from my residence or is primarily

                  carried out in a specific portion of my residence, which
is set aside as the location of the business.

         B.Commercial advertising or business cards are purchased for the
business, or I have a trade association membership;

         C.Telephone listing is used for the business that is separate from
the personal residence listing.

              D.Labor or services are performed only pursuant to written
contracts.

              E.Labor or services are performed for two or more different
persons within a period of one year.

              F.   I assume financial responsibility for defective
workmanship or for service not provided as evidenced by the ownership of
performance bonds, warranties, errors and omission insurance or liability
insurance relating to the labor or services to be provided.

Contractor Signature
Date                             

(Agency completes Part C below when Independent Contractor completes Part B
above.)

Part C.  AGENCY APPROVAL.

ORS.  670.600. Independent Contractor Standards.  As used in various
provisions of ORS chapters 316, 656, 657 and 701, an individual or business
entity that performs labor or services for remuneration shall be considered
to perform the labor or services as an "independent contractor" if the
standards of this section are met.  State agency certifies the contracted
work meets the following standards:

1.  The Contractor is free from direction and control over the means and
manner of providing the labor or services, subject only to the
specifications of the desired results.

2.  The Contractor is responsible for obtaining all assumed business
registrations or professional occupation licenses required by state law or
local ordinances.

3.  The Contractor furnishes the tools or equipment necessary for the
contracted labor or services.

4.  The Contractor has the authority to hire and fire employees to perform
the labor or services.

5.  Payment to the Contractor is made upon completion of the performance or
is made on the basis of periodic progress payments as outlined in Exhibit A.

Agency Signature
Date                             

EXHIBIT B

INSURANCE REQUIREMENTS

During the term of this Contract Contractor shall maintain in force at its
own expense, each insurance noted below:

      (Agency must check boxes for #2, #3, & #4 as to whether insurance is
required or not.)

1.   C Required by Agency of contractors with one or more workers, as
defined by ORS 656.027.

      Workers' Compensation:  All employers, including Contractor, that
employ subject workers, as defined in ORS 656.027, shall comply with ORS
656.017 and shall provide workers' compensation insurance coverage for those
workers, unless they meet the requirement for an exemption under ORS
656.126(2).  Contractor shall require and ensure that each of its
subcontractors complies with these requirements.

2.   [X]  Required by Agency   o  Not required by Agency.

      Professional  Liability/Error & Omissions   insurance with a combined
single limit, or the equivalent, of  not less than o $200,000,  [X]
$300,000, o $1,000,000, or o $2,000,000 each claim, incident or occurrence,
with an annual aggregate of o $1,000,000, or o $2,000,000. The purpose of
this policy to cover damages caused by error, omission or negligent acts
related to the professional services to be provided under this Contract. 

3.   [X]  Required by Agency   o  Not required by Agency.

      General   Liability    insurance    with   a   combined    single
limit,  or  the  equivalent,   of  not   less than 

       [X]  $200,000,  o  $500,000,  o  $1,000,000, or o  $2,000,000 each
occurrence for Bodily Injury and Property Damage.  It shall include
contractual liability coverage for the indemnity provided under this
Contract. It shall provide that the State of Oregon Department of Education
and their divisions, officers and employees are Additional Insureds but only
with respect to the Contractor's services to be provided under this
Contract;

4.   [X]  Required by Agency   o  Not required by Agency.

      Automobile Liability    insurance   with   a   combined   single
limit,  or  the  equivalent,   of   not  less than  [X]   Oregon   Financial
Responsibility    Law   (ORS 806.060),     o  $200,000,      o  $500,000, or
o  $1,000,000 each accident for Bodily Injury and Property Damage, including
coverage for owned, hired or non-owned vehicles, as applicable.

5.      Notice of cancellation or change.  There shall be no cancellation,
material change, reduction of limits or intent not to renew the insurance
coverage(s) without 30 days prior written notice from the Contractor or its
insurer(s) to Oregon Department of Education;

6.  Certificates of insurance.  As evidence of the insurance coverages
required by this Contract, the Contractor shall furnish acceptable insurance
certificates to Oregon Department of Education, Contract Administrator, XXXX
prior to commencing the work.  The certificate will specify all of the
parties who are Additional Insureds. Insuring companies or entities are
subject to State acceptance.  If requested, complete copies of insurance
policies, trust agreements, etc. shall be provided to the State.  The
Contractor shall be financially responsible for all pertinent deductibles,
self-insured retentions and/or self-insurance.

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