16C0003_JNA_FV_081721 1.pdf

FAR Part 6 Justification for Other than Full and Open Competition

SOURCE SELECTION INFORMATION-SEE FAR 2.101 AND 3.104

CONTROLLED UNCLASSIFIED INFORMATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of Defense Education Activity (DoDEA), Procurement Division, 4800 Mark Center Drive, Suite 05F09-02, Alexandria, VA 22350-1400

2. Description of Action

DoDEA plans to award a Firm-Fixed-Price bridge contract to Highland Falls-Fort Montgomery Central School District for School Year 2021 through 2022 as a bridge to the current contract HEVAS616C0003, which is scheduled to expire August 30, 2021. This bridge contract will allow for an effective transition to be included in the current solicitation, HE125421R0004. This bridge contract will be for a 12-month period starting on August 31, 2021. FY21 Operating and Maintenance (O&M) funds are available for this bridge contract in the estimated amount of $6,684,742.30.

3. Description of Supplies and Services

DoDEA requires a comprehensive high school education program (grades 9-12) for about 200 students, all of whom are eligible dependents of Department of Defense personnel on or near the West Point Military Reservation for school year 2021 through 2022. The Contractor shall provide all necessary labor, services, supplies, administration, transportation, equipment (not otherwise provided by the Government), and other items necessary to present a comprehensive high school educational program to include Advanced Placement®, Honors and Regents courses (or equivalent), special education services, vocational education, remedial support, counseling services, and athletic, arts and academic extracurricular activities that engage a broad range of student interests and skills, consistent with federal and state laws and regulations. The Contractor shall provide the required educational program in accordance with the laws of New York State as well as applicable US laws and regulations. The Contractor shall be approved by the New York State Commissioner of Education to operate schools, grades 9 through 12 in the state. The Contractor shall ensure that safety and security policies and practices are in place and comply with all Federal and state policies and practices. The current contract, HEVAS16C0003, expires on August 30, 2021.

4. Authority: 10 U.S.C. 2304 (c) (1) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements (FAR Part 6.302-1)

5. Demonstration of Contractor’s Unique Qualifications or Nature of Acquisition Requiring the Authority Cited

Rationale: To maintain continuity of educational services for the students of eligible personnel who reside on or near the West Point Military Reservation. DoDEA requires a one-year bridge contract to continue educational services for eligible dependents in grades 9-12 in the Highland Falls-Fort Montgomery Central School District. This school district is the only source that can fulfill this bridge contract.

Since 1985, there has been a contract with Highland Falls-Fort Montgomery Central School District to provide comprehensive high school (grades 9-12) education program for eligible students residing on or near the West Point Military Reservation. High school students have been attending James O’Neill High School located 3.1 miles from the West Point Military Reservation. DoDEA is currently conducting a full and open competition recompete for this requirement. With any full and open competition, potentially a contractor other than the incumbent, Highland Falls-Fort Montgomery Central School District, could be selected for award. If, as a result of the ongoing full and open competition, another contractor is selected, sufficient time is required to orient students, parents and sponsors; inform the West Point Command, leadership and community; and implement a smooth transition for the start of the subsequent school year.

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

Impediments to Immediate Transition: Changing schools is not feasible during the 2021 through 2022 school year for the following four reasons:

a) The global pandemic has interrupted educational services for students for the past two school years: thus, a return to a familiar school post-COVID will likely have a positive impact on the social-emotional and academic needs of students, such as:

o Relationships with mental health providers such as school counselors, social workers, and psychologists.

o Access to and continuation with athletic, extracurricular and co-curricular activities.

o Reduced scheduling exceptions and interruption in sequential course offerings, especially in specialized content courses.

o Delivery of services for students on individualized education plans (IEP) and/or 504 plans.

b) For the 45 rising high school seniors, an abrupt change to a new school/school district could negatively impact graduation requirements, class standing, college scholarships (academic and athletic), and other post-secondary opportunities.

c) The West Point community, including the Command, needs ample opportunity to have their questions answered so to fully understand the community’s impact of a potentially new contractor.

6. Contractor’s Unique Qualifications

Based on the rationale in section 5, DoDEA has made the determination to issue a sole source bridge contract to Highland Falls-Fort Montgomery Central School District as they are the only entity that can provide the continuity of the required educational services for a one-year period for school year 2021 through 2022.

7. Efforts to Obtain Competition

The current contract was sole sourced and the recompete is being conducted as a full and open competition.

As stated above, the incumbent has performed this service continuously since 1985. DoDEA has an ongoing re-competition of these West Point High School Student Education Service requirements. Solicitation HE125421R0004 was issued on April 27, 2021, to effect this recompete. The evaluation of the proposals in the competitive range demonstrated aspects of the solicitation that must be refined in order to provide adequate and responsive education services.

8. Fair and Reasonable Determination

The Contracting Officer has determined the anticipated bridge contract price of $6,640,508.04 will be fair and reasonable based on the FY20 pricing of the current contract value, which is $6,656,879.40 plus escalation.

9. Market Research

Critical Performance Requirement: Any potential offeror, must be approved to provide a comprehensive grades 9- 12 education program for school operations within one hour driving distance from the West Point Military Reservation.

How Industry Sells Supplies & Services: These services could vary based on specific school districts. The four schools identified in the table below, (three new districts plus the incumbent) appear to have the capacity for approximately 200 additional high school students. Students with disabilities and other specialized services are currently itemized into six categories, based on the Board of Cooperative Educational Services (BOCES) delivery and fee system in New York State. They are 60% services, 20% services, alternate education services, sign language interpretation, out of district transportation, and residential services. In the base year, due to parent transfers and student graduation, three categories currently have no projected enrollment, which includes alternate education services, sign language interpretation, and residential services (subject to change with annual fluctuating enrollment).

Potential Sources: For the bridge contract, market research was not conducted, however, market research was conducted on April 14, 2021, to support solicitation HE125421R0004 for the re-compete of the current requirement. The schools and school districts within one hour driving distance of West Point Reservation are shown in the table below:

School District / CAGE Code School /Distance from West Point

Incumbent: Highland Falls - Fort Montgomery Central School District, Highland Falls, NY. Frank Shelby, Superintendent, frank.shelby@hffmcsd.org 845-446-9575 - CAGE code 4MHA5

James I. O’Neill HS

3.1 Miles

1. Cornwall Central School District, New Windsor, NY. Terry Dade, Superintendent tdade@cornwallschools.com 845-534- 8009 https://cornwallschools.com/ - CAGE code 5KDV5

Cornwall Central HS

12.2 miles

2. Monroe-Woodbury Central School District, Central Valley, NY.

Elsie Rodriguez, Superintendent, erodriguez@mw.k12.ny.us - 845-460-6200 - CAGE code 5P9Y0

Monroe-Woodbury HS

14.3 miles

3. Washingtonville Central School District, Washingtonville, NY.

Larry Washington, Superintendent of Schools, 845-497-4000, lwashington@ws.k12.ny.us - CAGE code 50Q57

Washingtonville Sr. HS

16.1 miles

* Bing Maps was used to measure the distances. Measurements were taken from each high school’s address to the West Point Cadet Chapel.

Government Databases and Consideration of Small Business Opportunities

Search Parameters: NAICS Code(s) and Keyword(s): NAICS code 611110 (Elementary and Secondary Education) – Keywords: New York, high school, and high school programs

Federal Procurement Data System (FPDS): Under New York and high school programs were no results.

Under high school were 118 results, primarily the names of high schools.

Dynamic Small Business Search (DSBS) Results:

Under New York were four results, none of which can meet DoDEA’s requirements.

a) Studio 5 Partnership Architects/Planners, LLC - Architecture

b) National Health Promotion Associates, Inc. – Health Products

c) Red Door Individualized Learning Programs, LLC – Early Childcare

d) A-Plus Consulting, LLC - Human Resources

Under high school were eight results, none of which can meet DoDEA’s requirements.

a) Instructor and Learner Model, Inc. – Education Consulting / Robotics Classroom

b) McMillian’s First Steps Community Development Corp. – Childcare

c) Sandra D. Davis – Afterschool Programming

d) Ariam Group, LLC – Tutoring Struggling Students

e) Kamico Instructional Media, Inc. – Products Supporting Home Schooling

f) Citizen’s High School, Inc. – Long Distance High School Diploma Program

g) World Whys, LLC – Online Subscriptions to PK-12 Educational Programs

h) A-Plus Consulting, LLC – Human Resources

Under high school programs were no results.

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

mailto:frank.shelby@hffmcsd.org mailto:tdade@cornwallschools.com mailto:erodriguez@mw.k12.ny.us mailto:lwashington@ws.k12.ny.us

Total Number of Small Business Concerns by Socio-Economic Group per DSBS

8 (a) 0 HUBZone 0

Service-Disabled Veteran-Owned 0 Woman Owned Small Business 0

Small Businesses are likely able to meet this requirement: None

10. Other Supporting Facts

The US Army Garrison, began contracting with the Highland Falls-Fort Montgomery Central School District for the education of West Point’s high school students in 1985. Within the last fifteen years, the requirement was transferred to DoDEA. The current contract, HEVAS616C0003 was awarded in 2016. Based on the current market research, there are four school districts within the required driving distance of West Point Reservation, therefore, the follow-on requirement is currently being competed.

11. Interested Sources: A sole source notice of intent, was posted on SAM.gov on July 30, 2021, and will close, August 9, 2021. Any interested parties can submit a capability statement on how they can meet this requirement.

12. Effort to Remove Barriers to Increase Competition: In conducting market research, surrounding school districts were contacted. When the solicitation was issued, on April 27, 2021, the surrounding school districts were also informed about the contract opportunity posted on SAM.gov. DoDEA is currently conducting a full and open competition for the follow-on requirement.