21Q0011_JNA_Ceiba Redacted _032321.pdf

FAR Part 13.5 Justification for Other than Full and Open Competition Source Selection Information - See FAR 2.101 AND 3.104 - FOR OFFICIAL USE ONLY

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

EDUCATION SERVICES FOR DEPENDENT CHILDREN IN GRADES

PRE-KINDERGARTEN THROUGH 12 WHOSE SPONSORS ARE

ASSIGNED TO THE CEIBA, PUERTO RICO AREA

1. Agency/Contracting Activity: Department of Defense Education Activity, 4800 Mark Center Drive, Alexandria, VA 22350-1400

2. Description of Action: A firm fixed price contract is planned with a total estimated value of $440,410.00 with award to The Palmas Academy, the incumbent for this requirement. The period of performance is a 12-month base period for the 2021-2022 school year. FY21 Operating and Maintenance (O&M) funds are available for the estimated amount of $440,410.00.

3. 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. The school shall be within a one-hour commuting distance of Ceiba, Puerto Rico and must be accredited by a nationally recognized accrediting organization (e.g., Cognia). DoDEA expects to award one contract for a period of performance of one year. The current enrollment is shown below:

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

4. Authority: FAR Part 6.302-1, Only one responsible source will satisfy agency requirement.

41 U.S.C.3304(a)(1)

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

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 Ceiba, Puerto Rico are essential to the Government's requirements, and market research indicates no other entity other than The Palmas Academy, the current contractor and incumbent, can meet the Agency's needs.

Background: With the closure of the Roosevelt Roads military installation in 2004, a school placement for educating the remaining eligible military and federal civilian employee dependents residing in the local area was needed. After determining that the free local public education was only conducted in Spanish, the Secretary of Defense, using the authority granted in Section 2164 of Title 10, approved the creation of a special arrangement with a school that provided the required PK-grade 12 educational services in English. Since 2004 DoDEA has maintained a Firm Fixed Price contract with a local private school in the area, The Palmas Academy, Inc. The current contract expires on July 31, 2021.

Rationale: The Palmas Academy 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.

DoDEA has not performed a thorough review of the military’s needs for this educational arrangement since the original contract was awarded 17 years ago. DoDEA requires a one-year interim contract with The Palmas Academy in Ceiba 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. Although Ceiba is about 120 miles from Aguadilla, where Ramey Unit School is located, it is only 44 miles from Fort Buchannan, where the Antilles schools are located—an estimated driving time of one hour and two minutes. If military families could move closer to Fort Buchanan, there would be no need for the special arrangement, potentially saving a significant amount of taxpayer dollars.

DoDEA must also more closely investigate the ability of The Palmas Academy 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 in that area of Puerto Rico—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 parochial school option is acceptable in order to increase competition.

During this review, a one-year special arrangement education contract, for the 2021-2022 school year, with another school is not feasible for the following reasons:

1) The possibility of moving students twice might have a negative social-emotional impact on student learning and achievement.

2) 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.

3) 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.

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

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

6. Efforts to Obtain Competition: As stated above, DoDEA has done extensive market research.

DoDEA will publicize a notice as required by FAR Subpart 5.2.

7. Fair and Reasonable Determination: The contracting officer has determined the anticipated costs will be fair and reasonable based on the information below:

8. Market Research

Incumbent: The Palmas Academy, Inc. 10 Academy Drive, Humacao, Puerto Rico, 00791-6130.

Maritza Rivera, Business Manager, 787-850-9120 - CAGE code 3V4Y0

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. This list is not inclusive of all English-speaking private schools. The distance and estimated travel time were found at https://www.mapquest.com.

School Miles to

Humacao Travel Time

Accreditation and CAGE code

1. The Robinson School, Inc. Condado

33 miles 37 minutes Middle States Association of Colleges and Schools. Also, an International Baccalaureate World School - CAGE code

6HLF5

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

27 miles 30 minutes International Baccalaureate Continuum World School. Its accreditation agency is not listed. CAGE code 4RYN4

3. Tasis Dorado Educational Foundation, Inc.

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

4. The Dorado Academy, Inc.

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

5. Cupeyville School, Inc., San Juan

35 miles 40 minutes 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

32 miles 36 minutes Middle States Association of Colleges and Schools – No CAGE code

7. St. John’s School, Condado

33 miles 38 minutes Middle States Association of Colleges and Schools – No CAGE code

8. Academia del Perpetuo Socorro

32 miles 37 minutes 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.

9. Other Supporting Facts: No

10. Interested Sources: The Palmas Academy.

11. Effort to remove barriers to/increase competition: DoDEA subject-matter experts keep abreast of changes in English-speaking schools in the Ceiba area. If a new school opens in the area, the rationale for this justification and authorization for other than full and open competition will be examined to determine if the requirement should be competed

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

EDUCATION SERVICES FOR DEPENDENT CHILDREN IN GRADES

PRE-KINDERGARTEN THROUGH 12 WHOSE SPONSORS ARE

ASSIGNED TO THE CEIBA, PUERTO RICO AREA

CERTIFICATION

Technical Certification: I certify that 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.

Digital Signature/Date: __________________________________________

Patricia Ewen, Contracting Officer’s Representation

COORDINATION

Legal Review: (required > $250K/SAT): Based on the foregoing, this Justification is legally sufficient.

Digital Signature/Date: _____________________________________________

John Cho, Attorney Advisor, Office of General Counsel

APPROVAL

Approval is granted subject to the availability of funds and provided that the products/services described herein have otherwise been authorized for acquisition.

Contracting Officer: I certify that the justification is accurate and complete to the best of my knowledge and belief, and hereby determine the anticipated costs to the Government for this requirement will be fair and reasonable.

Digital Signature/Date: _______________________________________

Alim Koroma, Contracting Officer, Procurement

March 16, 2021