Draft_PWS-_West_Point_Special_Arrangement.pdf

PERFORMANCE WORK STATEMENT (PWS)

Department of Defense Education Activity (DoDEA) – Domestic Dependents Elementary and Secondary Schools (DDESS)

COMPREHENSIVE HIGH SCHOOL EDUCATION & TRANSPORTATION PROGRAM

WEST POINT, NEW YORK

1. GENERAL.

1.1. Background and Purpose. The Department of Defense Education Activity (DoDEA), Domestic Dependent Elementary and Secondary Schools (DDESS), requires a comprehensive high school education program (Grades 9 through 12) for the approximately 200 eligible dependent children of Department of Defense personnel residing on the U.S. Military Academy installation at West Point.

1.2. Scope of Work. The Contractor shall provide all necessary labor, services, administration, transportation, supplies, equipment (not otherwise provided by the Government), and other items necessary to present a comprehensive high school educational program to include at a minimum: Advanced Placement courses; Honors and Regents courses; Foreign Languages; Special Education (SPED) services; vocational education; remedial support; counseling services; intramural and intermural and extra-curricular activities; and a Junior Reserve Officer Training Corps (JROTC) program consistent with federal and state laws and regulations. The Contractor shall provide the required educational program in accordance with the laws of New York State as well as applicable United States laws and regulations. The Contractor shall be licensed by the New York State Secretary of Education to operate schools, grades 9 through 12 in the state. The Contractor shall ensure that safety and security policies and practices are in place and comply with all federal and state policies and practices.

1.5. School Year Calendar. The school calendar shall include a minimum of 180 days or equivalent number of classroom hours of instruction and the calendar shall be consistent for all students served.

1.6. Place of Performance. The Contractor shall provide the educational program at a facility that can be reached in forty-five (45) minutes or less from the West Point Academy.

1.7. Contracting Officer Representative (COR).

1.7.1. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; supervise as necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and assist in any matters involving entry unto the installation.

1.7.2. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates.

The COR is not authorized to change any of the terms and conditions of the resulting order.

2. DEFINITIONS AND ACRONYMS.

2.1. Definitions:

2.1.1. ALTERNATIVE/VOCATIONAL EDUCATION: Participation in an out of school program as agreed to with the state of New York Board of Cooperative Educational Services (BOCES) for students that may be at risk or choose to participate in a vocational program in lieu of traditional high school education.

2.1.2. CONTRACTOR. The vendor awarded a contract to provide specific services to the government. The term used in this contract refers to the prime.

2.1.3. CONTRACTING OFFICER (CO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.6. KEY PERSONNEL. The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SCHOOL DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. SCHOOL HOURS. The regular school hours the Contractor provides during the school day, which shall be consistent with DDESS and other state and federal guidelines.

2.2. Acronyms:

AltED Alternative Education BOCES Boards of Cooperative Educational Services COR Contracting Officer Representative DOD Department of Defense DODEA Department of Defense Education Activity DDESS Domestic Dependent Elementary and Secondary Schools EFMP Exceptional Family Members Program ESY Extended School Year IEP Individualized Education Program FAPE Free Appropriate Public Education ISS Instructional Systems Specialist JROTC Junior Reserve Officer Training Corps NY New York POP Period of Performance PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QCP Quality Control Program SPED Special Education SY School Year TE Technical Exhibit

3. PERSONNEL

3.1. Contract Manager: The Contractor shall appoint a Primary and Alternate Contract Manager, upon contract award, who shall be responsible for all services performed under this Performance Work Statement (PWS). The COR and the School Officials must be able to contact either the Primary or Alternate Contract Manager at any time, 24 hours a day, regarding emergencies, severe weather notification, or other similar urgent non-routine matters. The Primary or Alternate Contract Manager must be immediately available to go to the scene of an accident or other emergency.

3.3. Criminal History Background Check. The Contractor shall complete a Criminal History Background check for each applicable proposed employee working under this contract in accordance with New York state law and school district procedures. The CO and COR shall have total access to this documentation upon request.

4. QUALITY CONTROL/QUALITY ASSURANCE.

4.1. Quality Control. Upon contract award, Contractor shall develop and maintain a quality program to ensure education services for eligible dependents are performed in accordance with commonly accepted state and federal standards. The Contractor shall develop and implement procedures to identify and prevent defective services from recurring. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Table 1 and Table 2. The Contractor must provide a specific quality control point of contact in case of customer complaints.

4.2. Quality Assurance. The Government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP) to the standards indicated in Table 1 and Table 2.

4.3. Standards of Conduct. Contractor personnel performing under this requirement shall comply with the Standards of Conduct at Technical Exhibit 1. The Contractor agrees that inappropriate conduct shall not be tolerated and may be grounds for suspension or dismissal of a Contractor employee from performance under this contract.

5. GOVERNMENT FURNISHED PROPERTY. There is no government furnished property provided in conjunction with this contract. The Contractor shall furnish all equipment, property, tools, and materials needed for the performance of this contract.

6. TECHNICAL REQUIREMENTS: The Contractor shall:

6.1. State Recognition. Be licensed by the New York State Secretary of Education to operate schools and education services for grades 9 through 12.

6.2. Education Program. Be capable of providing grades 9-12 educational services that are similar to that provided to students in comparable New York state public school districts and are consistent with applicable federal and state laws and regulations.

6.3 Safe and Secure Environment. Provide a safe and secure environment for the students and staff that complies with all federal, state, DoD, and local laws and regulations. The contractor will be responsible for technology, safety and security requirements and shall be in compliance with the regulations listed below. DoDEA publications can be found at http://www.dodea.edu and DoD publications are available at http://dtic.mil/whs/directives.

6.3.1. DoD Directive 2000.12, "DoD Antiterrorism/Force Protection Program," August 18, 2003.

6.3.2. DoD Instruction 2000.16, "DoD Antiterrorism Standards," December 8, 2006.

6.3.3. DoDEA Regulation 4700.1, "Department of Defense Education Activity Antiterrorism (AT) Program,” August 15, 2007.

6.3.4. DoDEA Regulation 4800.1, “DoDEA Safety Program,” March 6, 2001.

6.3.5. DoD Instruction 1402.5, “Criminal History Background Checks on Individuals in Child Care Services,” January 19, 1993.

7. GENERAL TASKS.

7.1. Provide Standard Tuition Education Program Services. The Contractor shall provide comprehensive high school educational program services, grades 9-12, for DoD dependent children residing on or near the US Military Academy installation. Standard Tuition Services include Advanced Placement courses, Honors and Regents courses, Foreign Language, a Junior Reserve Officer Training Corps (JROTC) program, vocational education, remedial support, counseling services, intramural and intermural and extracurricular activities consistent with federal and state laws and regulations.

7.1.1. Pupil-to-Teacher Ratio. The pupil to teacher ratios shall not exceed the State of New York mandated maximums.

http://www.dodea.edu/ http://dtic.mil/whs/directives

7.1.2. Medical Services (Nurses). A minimum of at least one (1) nurse shall be available for medical services to children during normal school hours in accordance with federal and state laws and regulations.

7.1.3. Curriculum Planning Cycle. The Contractor shall periodically review all educational programs, curriculum and accompanying textbooks used under this contract to assure compliance with federal and state laws and standards.

7.1.4. Determination of Appropriate Band. The number of standard tuition students will be used to determine the appropriate bands for the base and option period(s).

7.2. Special Education (SPED) Services. The SPED services shall be provided in accordance with federal and state laws and regulations. This shall include costs associated with SPED for eligible West Point dependents in all appropriate settings in grades 9-12. Pricing for SPED 60%, SPED 20%, Alternative Education, and Out of District Boards of Cooperative Educational Services (BOCES) students shall be in accordance with the state of New York published price list. The Government and the Contractor will negotiate rates for any SPED services not covered by State of New York published rates in advance of services being provided.

7.3. Provide Student Transportation Services.

7.3.1. High School Student Transportation. The Contractor shall provide transportation services for students in grades 9 through 12 residing on the grounds of the West Point Military Academy. All Contractor vehicles and drivers shall conform to all applicable New York State laws and regulations. The Contractor shall provide transportation for secondary school children to the appropriate school on a “one round trip per child per day” basis.

These services shall incorporate any variances in scheduling to include, but not be limited to, late morning runs for delayed openings, midday runs for school “half days”, early dismissals, and late day runs to accommodate “after school” activities.

7.3.2. Alternative/Vocational Education and Out-of-District Special Needs Elementary/Middle/High School Student Transportation. The Contractor shall provide transportation services for alternate/vocational students and special needs children at the elementary/middle school levels residing on the grounds of the West Point Military Academy who have special placements at schools/facilities out-of-district. The Contractor shall provide for these students on a “one round trip per child per school day” basis and shall incorporate any variances in scheduling to include, but not be limited to, late morning runs for delayed openings, midday runs for school “half days”, early dismissals for weather or other unpredicted occurrences, and late day runs to accommodate “after school” activities. Payment will be based on a prorated cost of the transportation route for each student.

7.4. Provide Facilities and Perform Maintenance of Facilities. The Contractor shall provide day-to-day maintenance including preventive maintenance and upkeep of their own facility as required by state and local laws and regulations.

7.5. Participate in Meetings. As required, the Contractor shall participate in all meetings that the Government organizes concerning the performance of this contract. It is the Government’s intent that most of these meetings be conducted telephonically. Required meetings include the following:

7.5.1. Post-Award/Transitional Meetings. The Contractor shall participate in a post-award conference and/or transitional meeting after contract award, as coordinated by the Contracting Officer’s Representative (COR).

7.5.2. Semi-Annual Meetings. The Contractor shall participate in semiannual meeting scheduled by the COR.

7.6. Positive Relationship with West Point Education Representative. The Contractor shall establish and maintain a cooperative relationship with the COR and education representatives, including the West Point Exceptional Family Members Program (EFMP), to ensure community input for the general education program and to assist in a smooth transition for newly arriving families with exceptional family members (special education).

7.7. Provide Student Food Service Program. The Contractor shall provide and manage a student food service program for eligible DoD dependent children which is comparable to that provided in local public schools and complies with federal and state laws and regulations.

8. DELIVERIES OR PERFORMANCE. The Contractor shall provide the following reports as detailed, to the COR each school year:

8.1 Enrollment Report. Enrollment information shall include all students, including SPED and out- of-district school students who are paid for by this contract. Enrollment number shall be reported by grade and shall include: student name, sponsor name, and home address. Enrollment reports shall be provided to the COR for verification of all dependents reported as residing on the installation. The installation will verify active duty status and installation residence. The Contractor is only entitled to receive payment for dependents who meet the eligibility requirements as set forth in section 2164 of title 10, United States Code, and Department of Defense Instruction 1342,26, “Eligibility Requirements for Minor Dependents to Attend Department of Defense (DoD) Domestic Dependent Elementary and Secondary Schools (DDESS),” dated March 4, 1997. The purpose of these reports is to first identify appropriate enrollment bands and then identify enrollment trends.

8.1.1. Each enrollment report shall be accompanied by an Enrollment report Summary in the format provided at Attachment 2. The Contractor shall assign a unique number (for privacy purposes) to each special/alternative education student (SPED/AltED) and these numbers shall be reflected on the summary sheet with the SPED/AltED category.

8.1.2. In addition to the Enrollment Reports, the Contractor shall immediately advise the COR of any change in the SPED/AltED enrollment as it occurs or is identified. The Government is not responsible for payment of SPED/AltED services provided prior to obtaining written approval for service change from the Contacting Officer

(CO).

8.2. School Profiles. Copies of school and district profiles provided to the state on an annual basis.

8.3. Accountability Status Report. Provided within two weeks of publication.

8.4. Standardized Testing Reports. Results of student testing for West Point students, to include all standardized testing performed by the Contractor.

8.5. Notification of Changes to State Educational Laws and Regulations. The Contractor will be responsible for providing notification to the COR of any proposed changes to the educational program in accordance with the laws of New York State as well as applicable United States laws and regulations. The Contractor shall also submit published New York State regulated service price lists to the COR upon publication, to include both the proposed and final official price list for each school year.

9. DELIVERABLES.

Deliverable PWS Ref. Delivery Date

Post Award Conference 7.5.1. Within 30 days of award, as scheduled

Program and Transportation Services

7 & 8 Throughout the School Year

Meetings 7.5 As required during contract period

Reports/Notifications 8 & 9 In accordance with Table 1

ATTACHMENT 1

Report Requirement Frequency As of Date Delivery Date

Enrollment Reports First Day of School One-Time Opening Day of School Within 2 business days

Enrollment Report-30 September

One-Time 30 Sep or last school day in September

Within 2 business days

Enrollment Report-2nd semester

One-Time 5 school days after beginning of 2nd semester

Within 2 business days

School Profiles One-Time Within 2 weeks of publication

Standardized Testing Reports

As Required Within 2 weeks of publication

Accountability Status Report One-Time Within 2 weeks of publication

ATTACHMENT 2

ENROLLMENT REPORT SUMMARY

SERVICE TYPE QUANTITY

Regular Tuition Students*

AltED

60% SPED Students

20% SPED Students

Out of District

TOTAL ENROLLMENT

Additional Information:

*This total will be used to determine the appropriate Enrollment Band for the Service Year (CLINs 0001, 1001, 2001, 3001, and 4001).

AltED/SPED/Out of District Student Numbers

Student # AltED 60%

SPED

20%

SPED

Out of District

List Student #, indicate applicable service(s) for the student by placing an “x” in the appropriate section.

Additional Information:

*This total will be used to determine the appropriate Enrollment Band for the Service Year (CLINs 0001, 1001, 2001, 3001, and 4001).

TECHNICAL EXHIBIT 1

STANDARDS OF CONDUCT

1.1 Definitions

1.2 Sexual Abuse: Any act of sexual nature committed with the intent to arouse, appeal to or gratify the lust, passions or sexual desire of the employee/volunteer and/or student, including but not limited to criminal sexual conduct as defined by state of Federal law. Such acts include, but are not limited to rape; carnal knowledge; sexual assault or battery; indecent exposure indecent acts with another; or producing, viewing or trafficking in child pornography.

1.3 Sexual Harassment: Any acts, criminal in nature or otherwise, used to influence or threaten the rights or privileges of a student in exchange for sexual favors, and/or deliberate and /or repeated comments or gestures of a sexual nature.

1.4 Inappropriate Conduct: Any behavior of the Contractor toward a student that would reasonably cause the student to feel uncomfortable or that would give the appearance of impropriety, regardless of whether such behavior is complained of by the student, regardless of whether the behavior is overtly sexual, and/or regardless of whether such behavior would constitute a crime.

2.1 Contractor personnel shall:

2.2 1 Limit physical contact with students to those actions necessary for the safety and consultation of the students, to break up fights, or to administer first aid (if applicable).

2.3 Be properly attired and present a neat and clean appearance.

2.4 Communicate to a school administrator any observation of or student/parent complaint alleging sexual abuse, sexual harassment, or inappropriate conduct.

3.1 The contractor personnel shall NOT:

3.2 Use verbal assault, foul language, personal or racial insults, physical contact, and/or threats of physical violence to obtain a student’s name or to enforce discipline during the performance of contracted services.

3.3 Engage in any conduct of a sexual nature (verbal or physical) with students. The Contracting Officer may bar a contractor employee from providing service under this contract if the contractor employee solicits, coerces, or engages or attempts to engage in any sexual conduct to include sexual abuse, sexual harassment and/or inappropriate conduct with a student. The Contracting Officer may take this action regardless of the student’s age, regardless of whether the student may have consented, and/or whether the conduct may be a crime under state of Federal law.

3.4 Be under the influence of intoxicants, drugs or medications that impair the sense during the performance of contracted services.

3.5 Not use tobacco while performing contracted services. This includes in and around school grounds, and on the installation. This further includes conduct that would results in the presence/scent of residual smoke at the time of contracted services

3.6 Not give or sell beverages, food, tobacco products, or merchandise to students.

TECHNICAL EXHIBIT 2

CHILD ABUSE AND NEGLECT REPORTING REQUIREMENTS

1. REFERENCES.

1.1 42 United States Code, Section 13031

1.2 Department of Defense Directive 6400.1, Family Advocacy Program, August 23, 2004

1.3 Department of Defense Education Activity Regulation 2050.9, DoDEA Family Advocacy Program Process and Procedures for Reporting Incidents of Suspected Child Abuse, January 27, 1998

2. REQUIREMENTS. Personnel performing work under this contract in a professional capacity who are performing duties described in 42 United States Code, Section 13031, must immediately report suspected incidents of child abuse and/or child neglect. All suspected incidents of child abuse must be reported to the COR, the principal of the school at which the child is enrolled, and the local Family Advocacy Program Officer (FAP).