21Q0011_Ceiba_PWS DRAFT_021121.pdf

PERFORMANCE WORK STATEMENT

Department of Defense Education Activity 4800 Mark Center Drive

Alexandria, VA 22350

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PERFORMANCE WORK STATEMENT

EDUCATION SERVICES FOR DEPENDENT CHILDREN IN

GRADES PRE-KINDERGARTEN THROUGH 12

WHOSE SPONSORS ARE ASSIGNED TO THE

CEIBA, PUERTO RICO AREA

1) General Information and Scope of Work

1.1 Agency: For school year (SY) 2020-21, the Department of Defense Education Activity (DoDEA) will provide PK- grade12 instruction to approximately 66,000 dependents of military and civilian employees.

Student enrollment is based primarily on deployment of military troops worldwide. DoDEA's curriculum, resources and student achievement scores on standardized assessments compare favorably to those of high-performing US public school systems.

1.2 Background: DoDEA requires a comprehensive education program for pre-kindergarten (4-year-olds through grade 12) for up to 50 dependent children of DoD personnel assigned within commuting distance of Ceiba, Puerto Rico (PR). Using the authority granted in Section 2164 of Title 10, United States Code, the Secretary of Defense, in 2004, determined that the free local public educational programs available for the dependents of Unites States military personnel and certain federal civilian employees in the Ceiba, Puerto Rico, area were not appropriate educational programs because they were not conducted in the English language. The Secretary of Defense authorized DoDEA to enter into contracts with local private schools in the Ceiba area that conduct non-secular educational programs in the English language that are, at a minimum, comparable to public schools in the District of Columbia, in order to provide for the elementary and secondary education of eligible military and eligible Federal civilian employee dependents. The current Indefinite Delivery Indefinite Quantity (IDIQ) contract expires on July 31, 2021.

1.3 Scope of Work:

1.3.1 The Contractor shall provide all necessary labor, services, administration, supplies, equipment, and other items necessary to provide a developmentally appropriate nonsectarian educational program that provides a traditional United States curriculum in accordance with applicable United States laws and regulations. All instruction shall be provided in English. The Contractor shall provide for counseling services, limited learning center and remedial support service needs that can be accommodated within the school’s existing program, intramural and extracurricular activities and a lunch program consistent with applicable federal laws and regulations. The educational program must be accredited by a nationally recognized accrediting organization (for example, Cognia).

1.3.2 DoDEA expects to award a Fixed Price Requirements Contract for a period of performance of one year to meet this need. Quantities are estimated based on historical data per grade. Exact quantities and funding will be provided on Task Orders issued from this contract vehicle. The current enrollment by grade level/band is shown below:

PK K-1 2-8 9-12 Total 2 4 25 5 36

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2. Requirement (Objectives)

2.1 (Objective 1) PK- grade 12 Education Services

Provide a comprehensive PK- grade 12 educational program for eligible dependent students living in the Ceiba, Puerto Rico area that meets US laws and regulations and that is nonsectarian and is conducted in English. The school shall be within one-hour commuting distance of Ceiba and accredited by a nationally recognized US accreditation agency. The school year shall include a minimum of 180 days of instruction and the calendar shall be consistent for all students served.

The tasks listed below are provided to help the contractor in gaining a better understanding of the requirements in order to successfully meet the objective. The tasks are not all inclusive as the contractor is expected to develop the total solution for meeting all the requirements of the objective in accordance with a performance-based approach.

Supporting Tasks (Objective 1)

Task 1, Standard Tuition Education Program—The Contractor shall:

1) Technical Requirement

a. Accreditation: Be accredited by a nationally recognized accrediting organization (for example, Cognia) whose credits are transferrable. The organization may be public, charter or private.

b. Program: Provide a traditional United States educational program/curriculum for grades pre-kindergarten through 12, in accordance with applicable United States laws and regulations.

c. Language: Provide all instruction in English.

2) Meetings

a. Post-Award/Transitional Meetings: Participate in a post-award conference and/or transitional meeting(s) after contract award, as coordinated by the Contracting Officer's Representative

(COR).

b. Semiannual Meetings: Participate in semiannual meetings scheduled by the COR. It is the Government’s intent that most of these meetings will be conducted by telephone or video-conferencing.

2) Education Program: Provide comprehensive educational program services, pre-kindergarten (4-year-olds) through grade 12, for approximately 40 eligible DoD dependent children residing within commuting distance of Ceiba, Puerto Rico. The education program shall:

a. Provide accommodations for students qualifying under the Rehabilitation Act of 1973 (Section

504) in accordance with United States and Puerto Rico laws and regulations.

b. Include gifted/talented, alternative/vocational, remedial support, counseling services, testing/ evaluations (intellectual/social/emotional/psychometric), intramural/extracurricular activities consistent with applicable federal and Puerto Rico laws and regulations.

c. Provide pupil-to-teacher (PTR) ratios that comply with all mandated maximums for the Department of Education, Puerto Rico.

d. Ensure that educational services provided to DoD students are seamlessly integrated with non- DoD students and that DoD students receive equal treatment in terms of assignments to classes and provision of academic materials, instruction, and related services as those provided to non- DoD students.

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e. Integrate technology is integrated into and support the entire curricular program and curriculum instruction must use technology as a tool.

f. Review all educational programs, curriculum and accompanying textbooks used under this contract periodically to ensure compliance with United States and state laws and standards.

4) Related Services

a. Medical Services (Nurses): Provide a minimum of at least one state board certified nurse shall be available for medical services to children during normal school hours.

b. Student Food Service Program: Provide and manage a student food service program for all eligible DoD dependent children attending the school which is comparable to that provided in local public schools and complies with United States and state laws and regulations.

c. Student Transportation Services: Provide transportation services for children residing within commuting distance from Ceiba, ensuring that contracted vehicles and drivers conform to all applicable Puerto Rican laws and regulations. Provide “one roundtrip per child per school day” for students, incorporating any variances in scheduling to include but not limited to late morning runs for delayed openings, midday runs for school half-days, and late day runs to accommodate afterschool activities.

Provide roundtrip transportation for elementary and secondary children per state and federal laws and regulations.

Provide roundtrip transportation for handicapped children as required by their specific needs and in accordance with state and federal laws and regulations.

5) Safety and Security of Students, Personnel, and Facilities

a. Provide safety and security requirements as outlined in the following regulations, directives and instructions. DoDEA and DoD publications can be found at the following website:

https://www.dodea.edu/Offices/PolicyAndLegislation/index.cfm

b. Provide a plan that describes the approach to establishing and maintaining a safe and secure environment and operation to include background check procedures for all employees.

c. Ensure the plan accounts for the requirements found in the following directives, instructions, and regulations:

DoD Directive 2000.12, "DoD Antiterrorism/Force Protection Program," March 2012 w/c1, September 2013.

DoD Instruction 2000.16, "DoD Antiterrorism Standards”, December 8, 2006.

DoDEA Regulation 4700.1, "Department of Defense Education Activity Antiterrorism

(AT) Program,” August 15, 2007.

DoDEA Regulation 4800.1, “DoDEA Safety Program,” March 6, 2001.

DoD Instruction 1402.5, “Criminal History Background Checks on Individuals in Child

Care Services,” January 19, 1993.

6) Reports

a. Enrollment Report: Submit two enrollment reports during the school year that reflect the number of students. Submit a detailed enrollment report by 30 September reflecting first semester student enrollment and another detailed report 30 January reflecting second semester student enrollment. The reports shall include student name, grade and sponsor and be provided prior to each semesters’ invoice.

b. Standardized Testing Reports: Provide results of student standardized testing (such as, Iowa Test of Basic Skills, etc.) for all students. Note: This requirement does not require reporting on testing administered individually or to small, specific groups of students; only to those standardized tests given to all students in specific grades or program.

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c. Criminal History Background Checks: Provide a Criminal History Background check for each employee working under this contract as required by Puerto Rico law. The contracting officer and COR shall have total access to this documentation upon request.

d. Accreditation Reports. Provide a copy of the most recent report(s) from a national accrediting agency addressing the accreditation status of the school.

7) Communications

a. Notification of Changes to State Educational Laws and Regulations: Provide notification to the COR of any proposed changes to the educational program in accordance with the laws of Puerto Rico as well as applicable United States laws and regulations.

b. Two-Way Communication: Provide for two-way communication electronically and on paper for sponsors on a continuing basis.

8) Quality Control

a. Provide, upon request, a quality control program (QCP) plan to ensure educational services are performed in accordance with commonly accepted Puerto Rico and US standards.

b. Develop and implement procedures to identify and prevent defective services from recurring.

At a minimum, implement quality control procedures that address the areas identified in Technical Exhibit #1, Schedule of Deductions.

c. Provide a specific QCP point of contact in case of customer complaints.

9) General Requirements

a. Authorization to Enroll: Be entitled to reimbursement for dependents who meet the DoDEA eligibility requirements as set forth in section 2164 of Title 10, US Code, and Department of Defense Instruction 1342.26, “Eligibility Requirements for Minor Dependents to Attend Department of Defense Domestic Dependent Elementary and Secondary Schools (DDESS),” dated March 4, 1997. Eligibility will be determined and approved by the DoDEA-Americas Mid-Atlantic District Office in Puerto Rico prior to admission.

b. Sponsor Fees: Provide written information to the sponsors of eligible dependents regarding fees they must pay directly to the Contractor (for example, school lunch fees, PTO fees, yearbook, graduation fees, etc.). Provide any changes in sponsor fees ten business days in advance by written notice to the sponsors. Note: Fund raising activities are not considered sponsor fees, and sponsor/student participation in fund raising events will be optional.

c. Invoicing: Invoice only for student-occupied seats. Students enrolling second semester shall be invoiced at 0.5 quantities.

d. Building Fees per New Family: charge new families a building fee, which is a common practice for private schools in Puerto Rico. Note: New families enrolling multiple children that include a pre-kindergarten student shall be charged the pre-kindergarten rate.

e. Authorization to Deny or Dis-enroll: Neither dis-enroll nor deny enrollment to any student authorized as eligible by the Mid-Atlantic District’s Puerto Rico registrar except in limited circumstances where the needs of the student cannot be met or when sponsor fees have not been paid.

Request to Deny or Dis-enroll: Should the contractor have concerns about meeting the special needs of a student, past performance/discipline of a student or if the sponsor fees have not been paid, the Contractor shall contact the COR within 24 hours of notification.

A written request with appropriate justification must be submitted for consideration to the COR. The COR will make the decision whether or not to deny enrollment or dis-enroll a student. A Request for Equitable Adjustment (REA) may be submitted if it can be proven without doubt that a new student covered by this contract caused additional expense for the

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Contractor.

Suspension or Expulsion: Retain the right to suspend and/or expel any student for disciplinary infraction in accordance with the school’s published policies. Notify the COR, in writing, of the expulsion of any student covered by this contract within 48 hours of taking such action.

f. Contingency Plans: Present a contingency plan to ensure that a high quality comprehensive education program is maintained in the following situations:

During unanticipated decreases or increases in enrollment, which would (1) result in lower or higher contract costs, respectively and (2) require a quick response from the Contractor.

Note: Such enrollment changes might be caused by base realignment, closure or a pandemic.

In a virtual environment in case of extended school closure due to an earthquake, pandemic, hurricane etc.

Task 2, Service Contract Reporting (SCR)—The Contractor shall report all of its labor hours (including subcontractor labor hours, if any) required to perform the services provided under this contract in the System for Award Management (SAM) at the following URL: https://www.sam.gov/SAM/. Reporting inputs shall be for labor executed during each year’s period of performance. Reporting instructions are found at the following URL: https://dodprocurementtoolbox.com/site-pages/service-contract-reporting-scr. Guidance such as quick start guides, informational videos, and frequently asked questions may be found at https://sam.gov and searching the “HELP” section. To address issues using SAM, contact the Federal Service at the following URL: https://ww.fsd.gov. Task 2 is not applicable.

2.2 Performance Standards and Acceptable Quality Levels

1) Performance Standards: Tasks will be completed by the required completion date.

2) Acceptable Quality Level: Ninety-five percent of tasks will be completed by the required completion date. The remaining five percent shall be completed no later than five business days after their due date or at a date approved by the COR in consultation with the Contractor.

3 Constraints

3.1 Place of Performance: Work shall be performed at the Contractor’s facilities and/or through virtual instruction according to Puerto Rico law.

3.2 Primary and Alternate Program Manager

1) The Contractor shall provide a person to be responsible for the performance of work. The primary and alternate program managers’ names shall be designated in writing to the Contracting Officer. The primary and alternate program manager shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract. They shall have at least one year of experience working in a similar role.

2) If the liaison is changed post-award, the replacement shall meet or exceed the qualifications and experience of the person assigned upon contract award. Notify the COR in writing regarding the personnel change ten business days in advance of the change.

3.3 Holidays and Hours of Operation: The primary and/or alternate program manager shall be available during the hours of 9AM to 4PM Eastern Standard Time (EST), except for Federal holidays and Federal government closures/shutdowns. The following list shows recognized Federal holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

https://www.sam.gov/SAM/ https://dodprocurementtoolbox.com/site-pages/service-contract-reporting-scr https://sam.gov/ https://ww.fsd.gov/

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3.4 Anti-Bias, Diversity, and Inclusion—The Contractor shall provide resources free of age, racial, color, national origin, disabling conditions, sexual, gender, religious, and ethnic bias and present balanced coverage of multi-cultural contributions and representation, where appropriate.

3.5 Privacy—The Contractor shall:

1) User Accounts: Require, wherever applicable, that individual accounts possess unique usernames and passwords that do not require personally identifiable information (PII) to access online content, i.e., first & last name and any other unique personal information.

2) Contractor Personnel: Ensure personnel assigned to this contract take proper precautions to protect information from disclosure. Collect and/or store all agency-owned or agency-controlled PII in accordance with the relevant requirements of the Privacy Act, 5 U.S.C, which may be found at the following URL: http://www.archives.gov/about/laws/privacy-act-1974.html.

3.6 Data: All data developed as a result of any work awarded under this contract is and shall remain the property of the Government.

3.7 Organizational Conflict of Interest (OCI): The Contractor (including any subcontractor) personnel performing work under this contract may receive, have access to, or participate in the development of, proprietary or Privacy Act information (e.g., personal information, education, etc.) may create a current or subsequent OCI as defined in FAR Subpart 9.5. Whenever the Contractor becomes aware that such access or participation may result in actual or potential OCI, the Contractor shall (1) immediately notify the Contracting Officer (KO) in writing and (2) promptly submit a plan to the KO to avoid or mitigate any such OCI. Note: The KO will unilaterally determine if the Contractor’s plan is acceptable. If the KO determines the plan cannot satisfactorily avoid or mitigate an OCI, s/he may implement other remedies to include prohibiting the Contractor’s further participation in contracted requirements.

4 Government-Furnished Resources

None.

5 Contract Deliverables

Milestone/Deliverable Word or Excel

Digital Copies

Task /

PWS / TE

Planned Frequency

Meetings Yes Yes Task 1 (2) Dates determined post-award Education Program Yes Yes Task 1 (3) Entire school year

Medical Services (Nurse) Yes Yes Task 1 (4a) Ongoing Student Food Service Program Yes Yes Task 1 (4b) Ongoing

Student Transportation Services Yes Yes Task 1 (4c) Ongoing

Enrollment Reports Yes Yes Task 1 (6a) On or about October 1 and the first day of the second semester

Standardized Test Reports Yes Yes Task 1 (6b) Ten business days from the date of publication

Criminal History Background Checks Yes Yes Task 1 (6c) Ten business days after award Accreditation Report Yes Yes Task 1 (6d) Ten business days after award

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Milestone/Deliverable Word or Excel

Digital Copies

Task /

PWS / TE

Planned Frequency

Notice of Changes to Educational Laws and Regulations Yes Yes Task 1 (7a) Five business days from the date of publication Two-Way Communication Yes Yes Task 1 (7b) Ongoing

QCP Plan Yes Yes Task 1 (8a) Ten business days after award QCP Implementation Yes Yes Task 1 (8b) Ongoing

QCP Point of Contract Yes Yes Task 1 (8c) Ongoing

Sponsor Fees Yes Yes Task 1 (9b)

List of fees ten business days before the start of each semester

Changes in sponsor fees ten business days after notification is sent to the sponsors

Notifications of Changes to Sponsor fees Yes Yes Task 1 (9b) Within two weeks of proposed changes

Invoicing Yes Yes Task 1 (9c)

Five business days after the October 1 enrollment report for the first semester and as required thereafter

Request to Deny or Dis-Enroll Yes Yes Task 1 (9d) 24 hours after the written request is created

Suspension or Expulsion Yes Yes Task 1 (9d) 24 hours prior to taking action

Within 48 hours of suspension or expulsion

Contingency Plan Yes Yes Task 1 (9e) Three business day after receipt of written request from the COR

Service Contract Reporting (SCR) --- --- Task 2 Annually as required by SCR

Primary/Alternate Program Manager --- --- PWS 3.2 Provide names at post-award conference

Privacy: User Accounts --- --- PWS 3.5 (1) Periodic COR inspection Privacy: Contractor Personnel --- --- PWS 3.5 (2) Periodic COR inspection

Schedule of Deductions Yes Yes Technical Exhibit 1 When and if required

6 Acronyms and Definitions

CCRS College and Career Ready Standards DoD/DOD Department of Defense DFARS Defense Federal Acquisition Regulation Supplement EIT Electronic Information Technology FAR Federal Acquisition Regulations IAW In Accordance With PA/PII Privacy Act/Personally Identifiable Information QASP Quality Assessment Surveillance Plan SCORM Shareable Content Object Reference Model TE Technical Exhibit

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Contract Line Item Number (CLIN) – Basic structural element in a procurement instrument describing and organizing the required product or service for pricing, delivery, inspection, acceptance, invoicing, and payment.

The use of the term “line item” includes “subcontract line number”, (SLIN), as applicable.

Contracting Officer (KO) – The only individual with expressed authority to obligate (bind) the Government by means of entering, administering, and terminating contracts within the limits of the authority delegated via a Contracting Officer’s warrant.

Contracting Officer’s Representative (COR) – Qualified and trained Government employee, nominated by the requiring activity (RA) and appointed in writing by a KO primarily to perform specific technical or administrative functions on a specific contract(s); serves as the ‘eyes and ears’ of a KO to assure the Government’s best interests are protected via the terms and conditions of the contract(s) appointed. COR’s do not have authority to obligate (i.e., bind) the Government.

Contractor - Supplier or vendor having a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Deliverable – Usually physically delivered items but may include such items as digital documents/reports.

Performance Requirements Summary (PRS) – Tabular listing of performance objectives and standards that provides the basis for a meaningful QASP.

Performance Work Statement (PWS) - A statement of work for performance-based acquisitions describing the required results in clear, specific and objective terms with measurable outcomes.

7 Performance Requirement Summary (PRS) and Quality Assurance Surveillance Plan (QASP)

7.1 Performance Requirement Summary (PRS)

Performance Objective Performance Standard AQL Inspection Method

Task 1 (1 & 3) Technical Requirement & Education Program

100% compliance with in the PWS

Services ongoing. No more than one required document will be late each semester

COR inspection and sponsor feedback

Task 1 (2), Meetings 100% compliance with in the PWS Dates determined post-award COR participation

Task 1 (4), Related Services

100% compliance with in the PWS Services are ongoing COR inspection and sponsor feedback

Task 1 (5), Safety and Security

100% compliance with in the PWS

Services are ongoing. No more than one required document will be late each semester

COR inspection and sponsor feedback

Task 1 (6), Reports 100% compliance with in the PWS

No more than one required document will be late each semester

COR inspection and sponsor feedback

Task 1 (7), Communications

100% compliance with in the PWS

Notifications: No more than one will be late each semester

Two-Way Communication:

Ongoing

COR inspection and sponsor feedback

Task 1 (8), QCP 100% compliance with in the PWS

Provide QCP plan upon request.

Implementation and QCP POC availability are ongoing.

Random COR review/inspection

Task 1 (9), General Requirements

100% compliance with in the PWS

Authorizations to Enroll, as needed

Disenrollment, suspensions, and expulsions, when and if needed

COR review and sponsor feedback

Task 2, SCR Not applicable

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7.2 Quality Assurance Surveillance Plan (QASP): The Government will utilize a QASP to monitor the contractor’s performance on the contract. The QASP is a living document and can change at any time during the life of the contract. As such, the Government reserves the right to unilaterally edit the QASP at the Government’s discretion.

Technical Exhibits (TE)

TE #1: Schedule of Deductions

TE #1, Schedule Of Deductions

SD

No Deduction Description PWS

Task Rate of Deduction

01 Failure to provide instruction in English 1—1a $500 per day per classroom required to meet standards

02 Failure to meet the required pupil-to-teacher ratio for any grade level. 1—4a $500 per day per classroom required to meet standards

03 Failure to provide enrollment reports, with required data, in accordance with the required timelines 1—6a $125 per report for each business day late

04 Failure to provide standardized test score results within ten business days of their publication 1—6b $600 per report

05 Failure to provide Criminal History Background Check information when requested. 1—6c $125 per employee for each business day late 06 Failure to provide Quality Control Program 1—8a&b $30 per business day late

07 Failure to obtain approval from COR prior to enrollment of student 1—9a $600 per incident

08 Failure to enroll student approved by the District office without written consent from the COR to do so. 1—9d $600 per report

09 Failure to notify COR of a suspension or expulsion within 48 hours 1—9e $125 per incident per 24 hour period.