A18_D_F_FY24_Supplemental_D_F_Review_Final_100824_1.pdf
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This document is a Supplemental Determination and Findings (D&F) from the Bureau of Indian Education (BIE) for procurement of school curriculum materials for fiscal year 2025. The document authorizes sole-source procurement of curriculum-related supplies and services, including textbooks, consumable workbooks, testing materials, scoring services, computer-based instructional materials, video instructional materials, virtual curriculum, assistive technology software and hardware, online assessments, and related materials for BIE schools.
The procurement is justified under the Every Student Succeeds Act (ESSA), with the goal of providing fair, equitable, and high-quality education. For fiscal year 2025 (October 29, 2024 through September 30, 2025), BIE estimates over 115 procurement actions valued at more than $5,500,000. The document notes that while BIE will attempt to maximize competition, they reserve the right to sole-source procurement when specific requirements are met. The authorization is valid through FY25 and will be reviewed annually, with market research indicating that curriculum materials are often proprietary to specific publishers like McGraw-Hill, Pearson, Scholastic, and Houghton Mifflin Harcourt.
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UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Indian Education
1011 Indian School Rd NW, Suite 352 Albuquerque, NM 87104-2303
CULTURE • KNOWLEDGE • LEADERSHIP
www.bie.edu
Supplemental Determination and Findings (D&F) under
41 U.S.C §3304 (c)1; Public Law 114-95; and 48 C.F.R. § 1.703
Background
The BIE has a recurring need to procure school curriculum material for each school the Bureau supports. To ensure compliance with Public Law 114-95, Every Students Succeeds Acts (ESSA), the Bureau of Indian Affairs (BIA), in 2018, put in place a Class Determinations and Findings (D&F) which allowed for the sole sourcing of curriculum-based requirements. ESSA is structured to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps; therefore, the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE) require the purchase of supplies and services to implement the approved school curriculum as well as the Secretary of the Interior’s definitions of standards, assessments, and accountability system.
Findings
1. BIE finds that Public Law 114-95 and the associated authorities are still active and appropriate for use.
2. BIE has reviewed the underlying Class D&F and determined it is still appropriate for use when the requirements outlined therein are met on a procurement-by-procurement basis.
3. BIE will attempt to maximize competition; however, BIE reserves the right to sole source in accordance with the attached Class D&F when all requirements outlined therein are met.
4. During fiscal year (FY) 2025 from October 29, 2024, through September 30, 2025. BIE estimates over 115 actions valued at over $5,500,000.00 may be procured under the referenced authority and process.
5. This supplemental D&F will be valid throughout FY25 and will be reviewed annually thereafter.
www.bie.edu
Determination
The BIE will utilize the underlying D&F and associated authorities to sole source curriculum-based requirements as appropriate throughout the year. This will be the only public notice that the BIE will post for applicable actions procured under this process, unless otherwise required by law.
All questions and comments should be directed to Mr. William Crowder at william.crowder@bie.edu no later than 4:30 P.M CDT, Tuesday, October 22, 2024.
Darren Nutter Date Supervisory Contracting Officer School Operations, Bureau of Indian Education
Attachments: Class D&F, dated October 2018
DARREN
NUTTER
Digitally signed by
DARREN NUTTER
Date: 2024.10.08 08:42:28 -05'00'
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