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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

Non-Competitive Memorandum for Actions Under the SAT IAW FAR 13.1063-3(b)(i)

Membership in a National Organization Focused on K-12 Physical Education & Health Education

1. Contracting Agency

Department of Defense Education Activity (DoDEA), Procurement Division

2. Description of Action

A sole source firm fixed price (FFP) contract is planned to be awarded to Society of Health and Physical Educators (dba SHAPE America, CAGE code 0FVH7), with a total estimated value of $118,240.00.

The period of performance is a 12-month base year and four 12-month option years. FAR Clause 52.217-8 (Option to Extend Services) will be included in the contract with a six-month potential time period and a potential estimated value of up to $22,240.00. Base year and all options will be evaluated. FY22 Operating and Maintenance (O&M) funds are available for the base year in the estimated amount of $22,240.00.

3. Description of Services Required to Meet Agency Needs

DoDEA requires a membership in a national organization that has developed or owns the national standards for PE and HE and that provides current, relevant, high-quality standards-related professional learning for teachers and above-school-level subject-matter experts of K-12 physical education and health education.

DoDEA educators and subject matter expert leaders will gain access to benefits afforded all members of the organization including but not limited to participation in virtual courses and in person professional learning opportunities, professional learning networks and engagement with other K-12 educators and leaders related to health and physical education instruction. The institutional membership is for DoDEA’s PE and HE educators—currently numbering approximately 320—and must include opportunities for teachers and above-school-level subject-matter experts to continue their professional learning and development as well as collaborate with their counterparts in other states on topics of mutual interest. DoDEA expects to make one award for a base year and four option years.

4. Authority Cited

41 U.S.C.3304(a)(1), as implemented by FAR 13.106-1(b)(1), Soliciting from a Single Source

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

Background: DoDEA has never awarded a contract for this requirement. Similar to sole source contracts for membership in national organizations in other fields—such as the Council of Chief State School Officers (CCSSO), Consortium for School Networking (CoSN), and National Network of Teachers of the Year (NNSTOY)—the membership in the Society of Health and Physical Educators (SHAPE America) fills a niche that other organizations in this field cannot match. See Market Research (below).

Rationale: Essential to the Agency’s requirements is membership in an organization that (1) has developed or owns both the national standards for physical education and health education and (2) focuses on the professional needs of teachers and above-school-level subject-matter experts in K-12 physical education and health education.

Market research shows that no other professional organization can meet or can be modified to meet the Agency’s needs. The proposed membership in SHAPE America is required indefinitely because DoDEA has adopted its national physical education and national health standards. Our school-level physical education and health education educators require the organization’s resources and professional learning connected to those standards.

In addition, our above-school-level PE and HE educators need to collaborate with their peers from other school districts and state education agencies on topics related to those standards. No other national organization possesses these credentials, and no other national organization can provide these services and opportunities.

Based on the rationale above, the Contracting Office has made the determination to issue a sole source solicitation to the Society of Health and Physical Educators (SHAPE America) as the only entity that can provide the required educational services.

6. Efforts to Obtain Competition

A notice of the proposed contract action as a sole source procurement will be synopsized in SAM.gov as required by FAR 5.201 and posted for a period of ten days. Based on the information in paragraph #5 (above), competition for this action is not feasible.

7. Fair and Reasonable Cost Determination

The total estimated cost of $118,240.00 (base and option years) will be evaluated for fairness and reasonableness IAW FAR 13.106-3(a)(2). The independent government cost estimate (IGCE), which was conducted within the previous 12 months, provides the basis for determining fair and reasonable cost. Certified cost and price data are not required.

8. Market Research

Society of Health and Physical Educators (dba SHAPE America), P.O. Box 225, Annapolis Junction, MD 20701- 0025. Diana Snyder, Vice President of Membership, Marketing, and Publications, dsnyder@shapeamerica.com, 703-476-3416 - Not a small business, per SAM.gov - CAGE code 0FVH7 - NAICS codes 611710 (Educational Support Services) and 813920 (Professional Organizations)

For decades SHAPE America’s National Standards for K-12 Physical Education has served as the foundation for well-designed physical education programs across the nation. SHAPE America has also helped develop and owns the National Health Education Standards. SHAPE America serves over 200,000 health and physical education professionals in all 50 states. It provides programs, resources, and advocacy that support an inclusive, active, and healthier school culture, including a program that helps teachers and schools incorporate social and emotional learning, so students thrive physically and emotionally. SHAPE America’s programs include self-paced professional learning on a wide variety of topics. No other professional organization has developed and owned the national physical education standards and national health education standards.

Extensive open-source research found the following four similar professional organizations.

A brief description of the organization concludes with the reason it cannot meet DoDEA’s requirements:

▪ International Council of Sport Science and Physical Education (ICSSPE) maintains an inclusive perspective on the different disciplines of sport, sport science and physical education and furthering the collaboration between them. ICSSPE brings together a wide range of science and professional organizations of various sport branches and disciplines for interdisciplinary collaboration. ICSSPE also does not meet DoDEA’s requirements because it does not include K-12 health education.

▪ The Society for Public Health Education (SOPHE) promotes healthy behaviors, healthy communities and health environments through its membership, network of local chapters and numerous chapters with other organizations. Membership connects members to continuing education. SOPHE also does not meet DoDEA’s requirements because it does not focus on K-12 physical education.

▪ The National Association for Sport and Physical Education (NASPE), enhances knowledge, improves professional practice and increases support for high quality physical education, sport and physical activity programs. The association offers an array of informational conferences, valuable resources and grants and awards to its members. NASPE publishes physical education position statements concerning physical education, physical activity, professionalism and technology. NASPE has also published national standards for physical education, for sport coaches, and for physical education teacher education. NASPE also does not meet DoDEA’s requirements because it does not focus on K-12 health education.

▪ The International Alliance of Health, Physical Education, Dance and Sport (IAHPEDS) advances international research, learning, practices and standards among researchers, practitioners and students to adopt healthy, physically active lifestyles. IAHPEDS provides platforms for the sharing of information, seeks collaborative partnerships with other international and national professional organizations and opportunities to expand the reach of health, physical education, dance and sport research and programming.

IAHPEDS also does not meet DoDEA’s requirements because its focus is international, and it does not focus on the national PE and national HE standards.

The most fitting NAICS code is 813920 (Professional Organizations). The keywords, physical education and health education, were used to search the two federal government databases shown below:

Federal Procurement Data System (FPDS)

▪ Under physical education were two matches: National Property Management Association and Rieger Sharon Services, Inc. Neither can meet DoDEA’s requirements

▪ Under health education were six matches: Joint Commission Resources, Inc.; American Academy of Pediatrics; NIMA Health Institute; Council on Education for Public Health; Entertainment Industries Council; and American Psychological Association, Inc. None can meet DoDEA’s requirements

Dynamic Small Business Search (DSBS)

▪ Under physical education were no matches.

▪ Under health education were seven matches: HEAL Medical Group; Fettie Solutions, Inc.; King Davis Enterprise, LLC; The Wellness Loft, LLC; AFP Creative Solutions, LLC: Keecha Harris & Associates, Inc.; and Covenant Physical Therapy and Wellness Services, LLC. None can meet DoDEA’s requirements

9. Other Facts

DoDEA above-school-level educators believe that this membership will be beneficial for keeping abreast of advances in the field, receiving professional learning, and being a voice advocating for changes in national policies that will help our students.

10. Interested Sources

There are no interested sources, except Society of Health and Physical Educators (SHAPE America), and no others are anticipated. Any interested sources that result from the synopsis of this action posted in SAM.gov will be considered. See paragraph #6 (above).

11. Actions to Increase Competition

The proposed membership is required indefinitely because our school-level PE and HE school-level educators need the proposed organization’s resources and professional learning connected to the national standards and because our above-school-level educators need to work with their peers from across the nation on topics related to those standards. For future requirements DoDEA will conduct market research to locate competition for this requirement.

Membership in a National Organization Focused on K-12 Physical Education & Health Education

12. Technical Requirements / Personnel Certification

I certify that the supporting data under my cognizance and which are included in the Justification are accurate and complete to the best of my knowledge and belief.

Digital Signature/Date: ______________________________________________

---------------, Contracting Officer’s Representation

13. Contracting Officer

I certify the Justification is accurate and complete to the best of my knowledge and belief.

Digital Signature/Date: _______________________________________

-------------, Contracting Officer, Procurement

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