70-61100-26-00365_sole-source-determination-form-FINAL.docx.pdf.PDF

2026 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without Protest and subsequently approved in writing by the State Purchasing Agent. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency.

I. Name of Agency: Early Childhood Education and Care Department

Agency Chief Procurement Officer: Crystal Bowers

Telephone Number: 505-490-2825

Agency Contact for this request: Shana Runck

Email Address; Shana.Runck@ececd.nm.gov

II. Name of prospective Contractor: Kaplan Early Learning Company

SHARE Vendor Number (must be active): 0000028808

Address of prospective Contractor: 1310 Lewisville-Clemmons Road, Lewisville, NC

27023-0609

Contact Name, Telephone Number and Email Address: Ron Duhart

Amount of prospective contract before tax:$5,949,000.00

Estimated tax amount (tax is subject to change): n/a tax not included in quote

III. Term of prospective contract: Four years

Note: Please refer to §13-1-150 for contract term limits.

If this is an amendment request to an existing contract, include current sole source posting number issued by SPD: FY26 sole source was deemed professional. Contract 26 611

25864 expires in October 2026.

IV. If this is a Sole Source for new or existing IT software licensing subscription(s), Agency is required to upload the Contractor’s draft Service Level Agreement (SLA) with the Sole

Source online submission.

V. Agency is required to provide the detailed scope of work (or amendment) for this sole source. Scope of work must match the scope included in the services determination and

Horizons declination.

Docusign Envelope ID: 6EC66F35-04AB-8784-82F2-E3C6292986B2

Scope of Work – Executive Function

Introduction

ECECD, Early Childcare, Education and Nutrition Division (ECEN) wishes to purchase EFgo for Education, which includes the Minnesota Executive Function Scale (MEFS) measure, personalized executive function (EF) interventions, and corresponding professional development modules, which is sold exclusively by this specific vendor.

No other product offers a digital, direct measure of EF that has been independently validated by peer-reviewed scientific research, with a large enough normed reference dataset (over 100,000 children), to detect EF month-to-month and accurately personalize EF interventions for early childhood.

EFgo for Education, which includes the Minnesota Executive Function Scale (MEFS) measure, personalized executive function (EF) interventions, and corresponding professional development modules, is sold exclusively by this specific vendor.

No other product offers a digital, direct measure of EF that has been independently validated by peer-reviewed scientific research, with a large enough normed reference dataset (over 100,000 children), to detect EF month-to-month and accurately personalize EF interventions for early

Executive function encompasses skills such as working memory, flexible thinking, and self-control, which are foundational for learning and adapting to new situations. Research shows that children with special needs often face challenges in these areas, impacting their academic performance and daily functioning (Willcutt et al., 2012). By assessing these skills early, educators can tailor interventions that target specific deficits, leading to more effective learning strategies and improved outcomes (Barkley, 2014). Moreover, strengthening executive function can enhance a child's ability to manage emotions and behaviors, contributing to better social interactions and a higher quality of life (Diamond, 2013).

o Executive function (EF) is the set of skills involved in consciously controlling one’s thoughts, actions, and emotions.

o The acquisition of EF skills is a fundamental part of healthy human development o Children’s EF predicts important developmental outcomes, including school readiness, social functioning, academic achievement, socioeconomic status as adults, and even mental and physical health.

o Difficulties with EF are a prominent feature of major childhood disorders, including

ADHD, Autism, and Conduct Disorder.

o Teachers report that the most important determinant of children’s success in kindergarten and the early school years is how well they can sit still, pay attention, and follow rules— key EF skills o EF skills can be trained, especially during early childhood o The Minnesota Executive Function Scale (MEFS App™) provides a brief, reliable, valid, and easily administered direct assessment of Executive Function. This makes it possible to identify children in need of additional development, to track that development of EF during childhood, and to evaluate the effects of EF training and curricula.

The MEFS™ measure of executive function (EF), the gold-standard direct and objective measure of EF developed in cooperation with the National Institutes of Health (NIH).

• Tier 1 EF improvement curriculum.

• Digital EF practice games.

• Data dashboard and reporting.

• Online training Webinar.

• EF Measurement certification course for teachers.

• Chat and email support for end-users.

• Online access to professional development courses EF-101 and EF-201.

• Implementation support including 3 check-in meetings with a program implementation expert.

• Classlink and Clever Rostering.

Deliverables

Vendor will provide professional development / training, assessment materials, and program management to implement an Executive Function Assessment for all children enrolled in NM PreK programs.

1. Vendor will provide access to EFgoPro™ Online Professional Development for all NM

PreK early childhood professionals.

Professional Development will support educators in establishing a deep knowledge of executive function (EF) with online professional learning courses from Reflection Sciences.

This single-user license includes online access to our library of 8 core courses such as

Introduction to EF, Intervention Strategies, and Understanding EF Data, plus advanced courses are available on Trauma, EF, and SEL (Social-Emotional Learning) and Classroom

Management, Personal Reflection for EF Growth and Equity in EF. In addition, a monthly live session will explore in-depth each of these topics and more. Courses are delivered online, asynchronously.

2. Vendor will provide EFgoPro™ Executive Function Assessment and Intervention

Software – Individual License for all children enrolled in NM PreK programs.

The online child assessment measures executive function skills in less than 5 minutes with the

EFgoPRO™, the executive function measurement and improvement solution for education.

This unique tool supports classroom instruction, identifies trends across classrooms, assesses the quality of educational programs and intervention strategies, and addresses the whole child.

VI. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

EFgo for Education, which includes the Minnesota Executive Function Scale

(MEFS) measure, personalized executive function (EF) interventions, and corresponding professional development modules, is sold exclusively by

Kaplan Early Learning Company.

No other product offers a digital, direct measure of EF that has been independently validated by peer-reviewed scientific research, with a large enough normed reference dataset (over 100,000 children), to detect EF month-to-month and accurately personalize EF interventions for early

VII. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes their company the only source capable of providing the required professional service, general service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”)

The MEFS is a unique EF measure containing features that no other vendor can provide including norm referencing, validity and reliability measures.

Unique features include:

• Time to administer: 2-6 min (average 4 min)

• Automated scoring, adaptive to each participant’s current EF level Norm referenced on a sample of 100,000 typically developing U.S children and a smaller sample of adults

• Clear guidelines for interpretation

• Valid assessment of age-related changes in a large cross-sectional sample from age 2-13 years

• Reliable in field settings (ECE centers, schools, Head Start organizations, and homeless shelters)

VIII. Provide a detailed, sufficient explanation of how the professional service, general service, construction or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

ECECD is in the process of examining an assessment to replace ECOT for NM PreK to align with the following:

• Providing an assessment portfolio that supports the work of PreK administrators and teachers, as well as the state system, including to streamline data collection and use of data

• Promotes the vision of One New Mexico PreK

• Allows programs to implement their own ongoing formative assessment for daily use in classroom or home

• Provides for professional development/support for educators and administrators during for FY28 implementation

• ECECD introduced an Executive Function (EF) assessment for FY26 to augment current assessment requirements

The assessment portfolio will provide comprehensive assessment of child development, social emotional, and executive function.

The (MEFS) is a brief, reliable, and valid direct assessment of executive function. It can be used to identify children in need of additional development, track the development of executive function during childhood, and evaluate the effects of executive function training and curricula. The MEFS is only available through a single vendor, Kaplan Early

Learning Company.

IX. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet;;

contacting similar service providers; and reviewing the State Purchasing Divisions’

Statewide Price Agreements. Include a list of businesses contacted (do not state that no other businesses were contacted), date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

ECECD conducted extensive research to identify the most valid, reliable, and developmentally appropriate tools through the following early childhood vendors such as

Lakeshore, Reflection Sciences, and Kaplan as well as consultation with the National

Association for the Education of Young Children (NAEYC) and National Institute for

Early Education Research (NIEER). Meetings took place during April, May and June, 2024. The Minnesota Executive Function Scale (MEFS) was identified as the only tool to meet the criteria for Executive Function assessment by the department. Specifically, PreK leadership met with Kaplan on April 16, 2024 at 11am to explore procurement of the MEFS. Additionally, the team met with Reflection Sciences on an ongoing basis to become better acquainted with the tool.

Agency certifies this sole source submission complies with NMSA 1978, Sections 13-1-28 through 13-1-199, the New Mexico Administrative Code (NMAC) and Governmental Conduct

Act, NMSA 1978, Sections 10-16-1 through 10-16-18.

Certified by: Date:____________________

Agency Chief Procurement Officer

Certifying Legal Sufficiency by: Date: ____________________

Agency Legal/General Counsel

Agency Approval by: Date: ____________________

Cabinet Secretary/Agency or Entity Head or Designee

APPROVED: Date:____________________

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the authority of the State Purchasing Agent, the State Purchasing Agent’s signature is not required. The signature line may be removed from this form or marked as N/A. Hard Copy

Documentation for Courtesy Postings do not need to be submitted to SPD for approval.

Docusign Envelope ID: 6EC66F35-04AB-8784-82F2-E3C6292986B2

9/23/2026

9/23/2026

9/23/2026

I. Name of Agency: Early Childhood Education and Care Department