JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

The Justification for Other than Full and Open Competition (JOFOC) below has been developed in accordance with Federal Acquisition Regulation (FAR) Subpart 6.3.

1. IDENTIFICATION:

This Sole Source Justification was prepared by the U.S. Department of Education’s (Department) Contracts and Acquisitions Management (CAM) Office.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

The Department seeks to negotiate and award a sole-source cost reimbursement contract to the National Academies of Sciences, Engineering, and Medicine (NASEM). The Department will contract with NASEM to convene two expert committees to help the Institute of Education Sciences identify the ways in which it can best advance education research and statistics use to improve learner outcomes across the lifespan over the next ten years and beyond. The committees will make recommendations to enhance IES work that reflect the mission and vision of IES, the changing education landscape, and recent advances in methods and statistics as used in research and statistics.

Specifically, NASEM’s Committee on National Statistics (CNSTAT) will convene an expert committee on NCES to:

• Consider trends and developments in the use of survey data, administrative data, as well as other potential data sources;

• Consider current and future priorities, operations, and staffing, including how contractors are used; and

• Based on those developments, suggest any desirable changes in the NCES statistical program areas, data collections, data governance, and products.

In addition, NASEM’s Division of Behavioral and Social Sciences and Education (DBASSE) will convene an expert committee to inform NCER/NCSER on:

• The critical problems or issues on which new research is needed.

• New methods or approaches for conducting research that should be encouraged and why.

• New and different types of research training investments that are needed.

This committee will consider the policy and practice needs for education and special education research, as well as the balance across basic and applied research. The committee’s work will be informed by documents that encompass the mission and vision of IES, including the Education Sciences Reform Act (ESRA), Standards for Excellence in Education Research (SEER) principles, and detailed descriptions of the IES research and research training programs, as well input from IES staff, IES-funded researchers, and education leaders and practitioners.

IES intends to use the DBASSE committee’s recommendations to restructure its research competitions to better meet these needs, beginning with the fiscal year 2023 competition. IES competitions are typically announced in the late spring of the preceding fiscal year, so it is imperative that the committee begins its work as early as possible.

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS:

Project Title:

Advancing the Future of Education Research and Statistics at the Institute of Education Sciences

Description of Supplies or Services:

Support and technical assistance to SEAs.

Period of Performance:

November 01, 2020 – May 01, 2022

Estimated Amount:

The Department expects to award a single sole-source contract for $2,400,000.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION:

The FAR authority permitting a sole source acquisition for these services is FAR 6.302-1(a)(2)- Only one responsible source and no other supplies or services will satisfy agency requirements.

5. CONTRACTOR'S UNIQUE QUALIFICATIONS OR NATURE OF THE ACQUISITION

REQUIRES USE OF THE AUTHORITY CITED:

The Department will contract with NASEM to convene two expert committees to provide recommendations to IES to inform its efforts over the next ten years to best advance education research and statistics to improve learner outcomes across their lifespans. An optional in-scope task is anticipated and included in the value of the contract identified in section 3 above. This requirement is in support of the Education Science Reform Act of 2002 (Public Law 107-279).

Section 114(g) of the legislation authorizes the Director of IES to establish scientific and technical advisory groups to provide expert guidance on carrying out the mission of IES.

NASEM is a federally chartered non-profit institution dedicated to the furtherance of science and its use for the general welfare. The Congressional Charter is codified at 36 U.S.C.A.

150301-150305. Although NASEM is a private non-profit corporation, it is called upon by the terms of its Congressional Charter to act as an official, yet independent, advisor to the federal government in matters of science and technology.

NASEM’s unique qualifications to advise the Federal government are based on four interrelated attributes:

• Serving on a NASEM committee is highly prestigious. To determine the future research needs, IES requires input from not only scientists currently working within the education field, but also those undertaking cutting-edge research in other disciples. NASEM can recruit scientists who might otherwise be unwilling to serve on an expert panel to inform education research.

• NASEM reports are recognized as credible and impartial because the institution manufactures no product, possesses no funds to disperse, has no power of decision over the scientific establishment, and enjoys no executive or regulatory authority. Thus, there is no vested interest in the outcome of deliberations and the independent advice is of unparalleled objectivity.

• With the 20 year anniversary of the creation of IES approaching, now is an opportune time to examine the challenges IES faces and provide a vision forward for the Centers and the broader Institute. The Committee on National Statistics (CNSTAT) has assisted NCES before by providing an evaluation of the whole agency. The 1986 report, Creating a Center for Education Statistics: A Time for Action, was influential in reshaping the agency.

• Finally, for these recommendations to be widely accepted and last beyond the tenure of current IES leadership, they must be informed by diverse points of view, including sharply divergent and well-fixed points of view. NASEM has demonstrated that it can successfully convene experts who may not otherwise collaborate to reach consensus on complex and difficult topics.

Committees are composed of the nation's top scientists, engineers, and other experts, appointed by the Chairman of the National Research Council, all of whom serve pro bono. Nominees for membership in committees at the Committee are subjected to rigorous procedures for appointment. These procedures ensure the selection of the most qualified scientists who represent a broad range of views and who, as a group, represent the spectrum of scientific thought in a subject area.

Most importantly, for this project, NASEM will partner with its national and international counterparts to provide an unparalleled opportunity for cooperation and understanding of the critical issues to be discussed. There is no other organization of its standing in the United States capable of providing such collaboration and participation.

No personal remuneration is made for the services of the scientists, engineers and other experts serving on NASEM committees and, by law, no fee or profit is paid to NASEM.

NASEM have met all requirements of the contract; therefore, it is in the public interest to receive the independent advice of unparalleled objectivity of the highest quality that provides an inherent degree of acceptability. Considering the volunteer nature of committee members as well as the independence, objectivity, quality, and credibility of its recommendations, the NASEM represents a cost-effective means for advancing education research and statistics at

IES.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS PRACTICABLE:

No other Congressionally Chartered institution exists which can provide the access to the internationally known experts on the subjects covered by this contract. Therefore, offers will be solicited from the only known source available: NASEM. Once this JOFOC is approved, it will be synopsized in accordance with FAR Part 5.

7. DETERMINATION BY CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE:

NASEM accepts only cost reimbursement contracts and is precluded from receiving any other type of contract. The Congressional Charter provides that "… on request of the United States Government, the (Academy) shall investigate, examine, experiment, and report on any subject of science and art. The corporation may not receive compensation for services to the Government, but the actual expenses of the investigation, examination, experimentation, and report shall be paid by the Government from an appropriation for that purpose." This statutory restriction on the NASEM receiving any "compensation" has been interpreted by the Comptroller General of the United States as precluding the award of fixed-price agreements by Federal agencies or departments to the NASEM. B-139,864, 39 Comp. Gen. 71 (1959). The Comptroller General explained in another decision that a fixed-price award by "its very nature contained an element of profit, and therefore resulted in profit about the actual cost of performing the contract work."

1967 WL 2152 (Comp. Gen.).

Due to the voluntary nature of the preeminent experts involved, the non-profit nature of the NASEM, and the nature of the contract; the Contracting Officer has adequate information to ensure that the cost to the government for this acquisition will be fair and reasonable.

The estimated amount for the award is based on the IGCE which is based on historical data for similar requirements for implementing and coordinating expert panel reviews. Therefore, the anticipated cost to the government is considered to be fair and reasonable based on historical data for the expenses incurred by similar contracts in place in the previous five years. The contracts will be cost reimbursement contract and payment will only be made upon the submission of the required deliverables. Both committees on the contract includes 8 major deliverables (a research plan, five meetings, a draft report, and a final report) and a set due date for the deliverables to be received.

8. DESCRIPTION OF MARKET SURVEY AND RESULTS, OR STATEMENT WHY MARKET

SURVEY WAS NOT CONDUCTED:

In accordance with FAR Part 10, market research was conducted via internet research and other related contracts. Additionally, the PWS will also be posted on the beta.sam.gov website.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

N/A

10. SOURCES, IF ANY, WHICH HAVE EXPRESSED INTEREST IN THE ACQUISITION IN

WRITING:

There were no sources that provided written interest in the acquisition due to the scope.

11. STATEMENT OF ACTIONS, IF ANY, TO REMOVE OR OVERCOME BARRIERS TO

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR

SERVICES:

N/A

12. CONTRACTING OFFICER (CO) CERTIFICATION THAT THE JUSTIFICATION IS

ACCURATE AND COMPLETE TO THE BEST OF THE CO'S KNOWLEDGE AND BELIEF,

AND THIS PROCUREMENT IS NOT A RESULT OF A LACK OF PLANNING OR

EXPIRATION OF FUNDS:

I hereby recommend that this justification be approved, and that the Department proceed with the award to the NASEM for Advancing Education Research at the Institute of Education Sciences. I certify that this justification is complete and accurate to the best of my knowledge.

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