21Q0006_Ponce_JNA Redact_032221.pdf

FAR 13 Determination At or Below SAT Source Selection Information - See FAR 2.101 AND 3.104 - For Official Use Only

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

DETERMINATION For

SINGLE SOURCE OR BRAND NAME SOURCE SOLICITATION - FAR 13 ( SAT)

EDUCATION SERVICES FOR DEPENDENT CHILDREN IN GRADES

PRE-KINDERGARTEN THROUGH 12 WHOSE SPONSORS ARE

ASSIGNED TO THE PONCE, PUERTO RICO AREA

1. Contracting Agency: Department of Defense Education Activity (DoDEA), Procurement Division

2. Description of Supplies and Services: The Contractor shall provide all necessary labor, services, administration, supplies, equipment, and other required items to provide a developmentally appropriate nonsectarian education program using a standards-based US curriculum IAW (in accordance with) applicable US laws and regulations for the 2021-2022 school year. All instruction shall be provided in English and as secular. The school shall be within a one-hour commuting distance of Ponce, Puerto Rico and must be accredited by a nationally recognized accrediting organization (e.g., Middle States Association of Colleges and Schools). DoDEA expects to award one contract for one year the current enrollment is shown below:

PK K-2 3-5 6-8 9-12 Total 1 10 7 8 10 36

3. Description of Action: A firm fixed price contract is planned with a total estimated value of $240,989.00 with award to The Caribbean School of Ponce, the incumbent for this requirement, for the 2021-2022 school year. The period of performance is one 12-month period. FY21 Operating and Maintenance (O&M) funds are available for the estimated amount of $240,989.00.

4. Authority: FAR Part 13.106-1(b)(1)(i), 41 U.S.C.3304(a)(1), the circumstances of the contract action deem only one source reasonably available

5. Market Research

Incumbent: The Caribbean School of Ponce (Caribbean School), 1689 Navarra Street, Urb La Rambia, Ponce, PR 00730-4043. Tel: 787-843-2048, Cindy Pieterick, Head of School, cpieterick@caribbeanschool.org & Rebecca Diaz, Business Manager, rdiaz@caribbeanschool.org – CAGE code 1T3L1

The following eight English-speaking private schools were found at puertoricoluxury.com/best-private-schools-in-Puerto-rico/ may be able to meet DoDEA’s requirements. None of the schools are within driving distance of Ponce; one schools is also parochial. Distance and travel time were found at https://www.mapquest.com.

School Miles to Ponce

Travel Time

Accreditation and CAGE code

1. The Robinson School, Inc. Condado

71 miles Over one hour

Middle States Association of Colleges and Schools. Also, an International Baccalaureate World School - CAGE code

6HLF5

School Miles to Ponce

Travel Time

Accreditation and CAGE code

2. The Baldwin School of Puerto Rico, Inc., Guaynabo

66 miles Over one hour International Baccalaureate Continuum World School. Its accreditation agency is not listed. CAGE code 4RYN4

3. Tasis Dorado Educational Foundation, Inc.

86 miles Over one hour The Tasis School is affiliated with The American Schools in Switzerland (TASIS). CAGE code 4RBS5

4. The Dorado Academy, Inc.

88 miles Over one hour Middle States Association of Colleges and Schools and multiple educational associations – CAGE code 53T66

5. Cupeyville School, Inc., San Juan

71 miles Over one hour

Middle States Association of Colleges and Schools and licensed by the General Council of Education of Puerto Rico CAGE code 4RES4

6. Commonwealth- Parkville School, San Juan

68 miles Over one hour Middle States Association of Colleges and Schools – No CAGE code

7. St. John’s School, Condado

72 miles Over one hour Middle States Association of Colleges and Schools – No CAGE code

8. Academia del Perpetuo Socorro, San Juan

70 miles Over one hour Middle States Association of Colleges and Schools - CAGE code 83N03 - Catholic school.

Using the current contract’s NAICS code 611110 (Elementary and Secondary Education) and the keywords, Puerto Rico and Puerto Rico school, the following results were found on the two websites shown below:

Federal Procurement Data System (FPDS) Under Puerto Rico were two results—the two schools with which DoDEA currently has contracts for comprehensive education services in different parts of the island, The Palmas Academy, Inc. and The Caribbean School.

Under Puerto Rico school the contracts that the US Immigration Services had with the two schools listed above. The Palmas Academy contract date is 2004. The Caribbean School contract date is 2013.

Dynamic Small Business Search (DSBS):

Under Puerto Rico were no results.

Under Puerto Rico school were no results.

6. Rationale for Single Source

Upon the basis of the following justification, I, as the Contracting Officer, approve this justification for the proposed contract action pursuant to the authority cited above because educational services for eligible dependent students at Ponce, Puerto Rico are essential to the Government's requirements, and market research indicates no other entity other than The Caribbean School, the current contractor and incumbent, can meet the agency's needs.

Background: Using the authority granted in Section 2164 of Title 10, United States Code, the Secretary of Defense determined in 2000 that the free local public education programs available for the dependents of US military personnel and certain federal civilian employees in the Ponce area were not appropriate because their educational programs were conducted in Spanish, not English. The Secretary of Defense authorized DoDEA to enter contracts to conduct the required PK-grade 12 educational services in English with secular instruction. In 2016 The Caribbean School was awarded contact, HEVAS616D0002—an Indefinite Delivery Indefinite Quantity (IDIQ) contract expiring July 31, 2021.

Rationale: The Caribbean School is the only source that can fulfill this requirement for the upcoming school year in (2021-2022) while DoDEA performs a thorough review of the requirement. DoDEA has not previously competed this requirement. DoDEA has determined that it will compete this requirement in the future but must first perform a thorough review of the military’s needs for this educational requirement before it conducts a competition. Such a review could increase the number of viable competitors in a full and open competition and possibly find that students can attend Puerto Rico DoDEA schools, something that would save significant taxpayer and DoDEA funds. The review will be complete before the 2022-2023 school year.

During this review, a one-year special arrangement education contract with another school is not feasible for the following reasons:

1) There is no English-speaking school within a one-hour driving distance from Ponce; therefore, students would be on buses too long each day.

2) The possibility of moving students twice would be disruptive to students and families and would likely have a negative social-emotional impact on student learning and achievement.

3) There would be higher costs to move students one year because of the higher registration fees for new students. Tuition and fees vary by schools, so changing schools might incur the risk of increasing the total cost to taxpayers.

4) Given only a one-year contract for approximately 36 children, schools might be unwilling to go through the complex Federal procurement process or make the adjustments required by DoDEA or both.

DoDEA has not performed a thorough review of the military’s needs for this educational arrangement since the original contract was written approximately 20 years ago. DoDEA requires a one-year interim contract with The Caribbean School of Ponce while it conducts a comprehensive review of the military’s needs in collaboration with the US Army and Immigration and Customs Enforcement (ICE).

One critical question is whether housing can be changed so that students could attend one of the DoDEA schools in Puerto Rico. Ponce is 63 miles from Aguadilla, where Ramey Unit School is located and 74 miles from Fort Buchannan, where the Antilles schools are located. If military families could move closer to either of those locations, there would be no need for the special arrangement, potentially saving a significant amount of taxpayer dollars.

DoDEA also must more closely investigate the ability of The Caribbean School to meet current Government rules and regulations. For example, the current contract’s verbiage regarding special education services required by the US Department of Education must be revised and the ability of the school itself to meet these regulations must be thoroughly vetted. If additional English-speaking special education staff—who are difficult to find so far from San Juan—need to be hired, the cost of the special arrangement might increase substantially.

A determination about the requirement for secular instruction is also required because there are private schools that offer English instruction in a faith-based program. The Government must determine if this is acceptable in order to increase competition.

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

Based on the rationale above, the Contracting Office has made the determination to issue a sole source solicitation to The Caribbean School as the only entity that can provide the required educational services.

Technical Certification: I certify the supporting data under my cognizance, and which forms a basis for this justification is accurate and complete to the best of my knowledge and belief.

Patricia Ewen, Contracting Officer’s Representative

DETERMINATION

Contracting Officer: I certify that the facts and representations included in this determination are accurate and complete to the best of my knowledge. I hereby determine that the circumstances of this contract action deem only one source reasonably available and the anticipated cost to the Government will be fair and reasonable. Approval is granted subject to the availability of funds and provided that the services described herein have otherwise been authorized for acquisition.

Alim Koroma, Contracting Officer

March 16, 2021