23Q0029_JA_RCD_060623.pdf

FAR Part 13.5 Justification for Other than Full and Open Competition

Source Selection Information - See FAR 2.101 AND 3.104 - Official Use Only

DEPARTMENT OF DEFENSE EDUCATION ACTIVITY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Special Education Diagnostic Protocols

1. Agency/Contracting Activity: Department of Defense Education Activity (DoDEA), 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 $174,294.96. The period of performance is a 12-month base year and four 12-month option years. FY23 Operating and Maintenance (O&M) funds are available for the estimated amount of $103,358.70.

3. Description of Supplies and Services: The Contractor shall provide the Woodcock-Johnson IV suite of achievement, cognitive, and oral language tests and the interpretation and Woodcock-Johnson Interpretation and Instruction Intervention Package (WIIIP) listed below. DoDEA expects to make one award.

Woodcock-Johnson IV Items Units/Year*

Base Option Achievement A (25 pkg.) - #978-0544936942 90 32 Achievement B (25 pkg.) - #978-0544936959 43 17 Oral Language (25 pkg.) - #978-0544936980 63 24 Cognitive Student Response (25 pkg.) - #978-0544934856 87 32 Cognitive Test Records (25 pkg.) - #978-0544936836 85 32 WIIIP Annual License– Tier VI Online 1 1

*Estimated number of units required per year.

4. Authority: FAR 13.501(a), a sole source acquisition under the authority of the special program for commercial items. Only one responsible entity can meet DoDEA’s requirements, and no other supplies or services will satisfy the agency’s requirements.

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 the special education diagnostic protocols—specifically the ones listed in the table above—are essential to the Agency’s requirements and because market research indicates no other entity can meet the Agency's needs.

Background: DoDEA has used the Woodcock-Johnson diagnostic protocol for decades. Currently the Woodcock-Johnson IV suite of achievement, cognitive, and oral language tests, which was acquired through a brand name sole source contract in 2018, is being used.

Rationale: The Woodcock Johnson IV suite of achievement, cognitive and oral language tests and Woodcock-Johnson Interpretation and Instructional Intervention Package (WIIIP) are special education diagnostic protocols for PK-12 students who may need accommodations (to include an individual education plan), per the national guidelines of the Individual with Disabilities Act (IDEA). These protocols are a critical part of the special educators’ “toolbox” for making these diagnostic assessments and appropriate interventions and accommodations. More specifically, the Woodcock Johnson IV suite meets the following six requirements:

1) Support special education eligibility decisions as required by DoD and federal special education policies.

2) Are stand-alone measures that do not necessarily need to be supplemented by additional measures to confirm results.

3) Compare cognitive performance and achievement results using the same norm sample to ensure continuity, accuracy, and reliability of test results and decision-making.

4) Are recognized by Federal courts in special education due process cases.

5) Are recognized by other U.S. education systems to support the highly transient DoDEA student population.

6) Can be administered by either an educational assessor or a school psychologist in order to adhere to DoDEA’s special education eligibility processes.

The Woodcock-Johnson IV suite of special education diagnostic protocols are published and marketed only by Riverside Assessments, LLC. Since they are the only ones that met DoDEA’s requirements, a sole source contract was awarded to Riverside Assessments, LLC in 2018.

The WIIIP is a part of the Woodcock-Johnson IV suite that DoDEA has determined it now requires. Like the Woodcock- Johnson IV suite of special education diagnostic protocols, they are only sold by Riverside Assessments, LLC. The WIIIP contains checklists, reports, and personalized interventions and accommodations. More specifically, it provides the following:

1) Three parent checklists, three teacher checklists, a self-report checklist for adolescent/adult students, and a writing evaluation scale.

2) Comprehensive Report, which does a deeper analysis of the results of the individual’s Woodcock-Johnson IV results and the applicable checklists.

3) Dyslexia Report, which does a deeper dyslexia-focused analysis of the results of the individual’s Woodcock-Johnson IV results and the applicable checklists.

4) Using the deeper analyses in the aforementioned reports, more robust interventions and accommodations are generated that can be used both at school and at home to improve student learning and achievement.

Current market research confirms that these Woodcock-Johnson IV and WIIP special education diagnostic protocols are the only ones on the market that meet DoDEA’s requirements. Moreover, they are required for DoDEA’s special education assessors to continue assessing students with consistency and continuity. Only Riverside Assessments, LLC can provide these diagnostic protocols.

Based on the rationale above, the Contracting Office has made the determination to issue a sole source solicitation to Riverside Assessments, LLC as the only entity that can provide the required special education diagnostic 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 are fair and reasonable.

8. Market Research

Riverside Assessments, LLC (Division: Riverside Insights); Itasca, IL. Lauren Wallack, Sr. Assessment Consultant, 317- 364-8432, lauren.wallack@riversideinsights.com. Not a small business, per SAM.gov for NAICS code 611710 (Educational Support Services) only. CAGE code 8C9L8.

DoDEA requires the Woodcock-Johnson IV, a test of cognitive ability that can be administered to people from age 2 to adult. The cognitive assessment market is dominated by Riverside Assessments and NCS Pearson. A distant third company is Western Psychological Services. Some of the tests found on lists of cognitive assessments, like the Stanford- Binet Intelligence Scale listed below, have not been normed within the past ten years and are not considered reliable/valid for creating IEPs, etc. Although there are many free intelligence tests on the internet, as well as cognitive screeners, none of them are reliable enough to use for DoDEA’s purposes. There are no cognitive tests that can replace the Woodcock-Johnson IV suite of diagnostic products.

1) NCS Pearson, Inc.; Bloomington, MA. https://www.pearsonassessments.com, 800-627-7271 Not a small business, per SAM.gov for NAICS codes 611710, 513130 (Book Publishers), 513210 (Software Publishers). CAGE code 1P624.

DoDEA uses the WPPSI-IV and WISC-V assessments as part of the special education assessor’s “toolbelt”. The WPPSI-IV measures cognitive development of preschoolers and young children only; the WISC-V measures intellectual ability of children ages 6.0-16.11. In contrast, Woodcock-Johnson IV addresses ages 2-adult.

2) Manson Western, LLC (dba Western Psychological Services); Torrance, CA. Niki Jankow, VP Finance & Accounting, 800-648-8857, Not a small business, per SAM.gov for NAICS code 611710 only. CAGE code 651841. The WPS Cognitive Assessment of Young Children (CACY) assesses the cognitive ability of children 2 months through 5-11 years of age. It is an individually administered, using play-related tasks. It does not meet DoDEA’s requirements and is not currently part of the special assessor’s “toolbelt”. Similarly, the Stanford-Binet Intelligence Scales-V covers all age ranges but was last normed in 2003, so it is out of date and does not meet DoDEA’s requirements.

3) Houghton-Mifflin-Harcourt Publishing Company (HMH), Boston, MA. Mary Kay Hutzell, Account Executive, 904- 528-6603, marykay.hutzell@hmhco.com – Not a small business, per SAM.gov. CAGE code 29524. HMH sold its cognitive assessment division to Riverside Assessments, LLC.

Review of Government and/or commercial databases for relevant information. The current contract, HE125418P006, uses NAICS code 511130 (now 513130) but 611710 may also be applicable. The keywords are Woodcock-Johnson and cognitive assessment.

Federal Procurement Data System: Under 511130 Woodcock-Johnson were both Houghton Mifflin Company and Houghton Mifflin Harcourt Publishing Company (HMH). Under 511130 cognitive assessment was Houghton Mifflin Company. Note:

As stated above, HMH sold its assessment division to the incumbent. Under 513130 and 611710 and both keywords there were no matches.

Dynamic Small Business Search: Under 511130, 513130, and 611710 and both keywords there were no matches.

9. Other Supporting Facts: No

10. Interested Sources: Riverside Assessments, LLC

11. Effort to remove barriers to/increase competition: DoDEA subject-matter experts continually monitor developments in student information system software. DoDEA will perform market research prior to each option exercise to determine whether new sources may result in competition. If a new cognitive assessment that meets DoDEA’s requirements comes on the market, DoDEA will ensure that full and open competition occurs.

Special Education Diagnostic Protocols

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: _____________________________________________________________

Aqila Waheed, Contracting Officer’s Representative, Education Directorate

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 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