JOFOC_-_91995918C0001_Mod_0003.pdf

Justification for Other Than Full and Open Competition

Authority: FAR 6.300, 41 U.S.C. 3304(a)(1)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity:

Department of Education (DOE), National Assessment Governing Board (NAGB, or Governing Board).

2. Nature and/or Description of the Action Being Approved:

The DOE/NAGB modified contract 91995918C0001, by issuing a modification to:

WestEd 730 Harrison Street San Francisco, CA 94107

The contract is a single contract award and was competitively awarded (with option periods) on September 6, 2018. This requirement provides updates to National Assessment of Educational Progess (NAEP) Frameworks for Mathematics, Reading, and Other Subjects necessitated based on changed work requirements for the contract option period. The contract was modified on July 22, 2019 in the amount of $1,078,864 for a total contract amount of $4,728,955, inclusive of all options.

This modification will allow completion of ongoing work for the Governing Board to accomplish its mission of overseeing and setting policy for NAEP by identifying subjects to be tested, determining and approving the assessment content, setting achievement levels for each assessment, improving the reporting of results, and planning and executing initial releases of NAEP Report Cards.

3. Description of Supplies or Services Required:

The Governing Board is an independent, bipartisan organization that sets policy for NAEP, commonly known as The Nation’s Report Card. The 26 members of the Governing Board include governors, state legislators, state and local school officials, educators, researchers, business representatives, and members of the general public, who are appointed by the U.S. Secretary of Education. The Governing Board’s policy roles align with the purpose of NAEP, which is to provide fair and accurate measurement of student academic achievement. Together, members of the Governing Board communicate NAEP results to the diverse audiences they represent. The National Center for Educational Statistics (NCES) implements and administers the assessment.

In accordance with congressional mandates and Board policies, the Governing Board has a direct role in setting the content of NAEP assessments, ensuring NAEP assessments are valid and reliable, and assuring that the frameworks that outline the content of NAEP assessments are based on widely accepted professional standards for educational assessment. The Governing Board ensures that framework development and updates adhere to the highest standards for assessment development, thereby supporting the validity of educational inferences made using NAEP data. The Board also has final authority on the appropriateness of all assessment items.

The Governing Board has long engaged a broad spectrum of stakeholders in developing recommendations for the knowledge and skills NAEP should assess in various grades and subject areas. From this comprehensive and deliberative process, the Governing Board develops a framework to outline the content and format for each NAEP assessment at grades 4, 8, and 12.

The Governing Board’s Framework Development Policy supports stable measurement of student achievement, with periodic Board reviews of whether to conduct an update or develop a new framework for an existing NAEP assessment. Factors for these Board deliberations include new research on teaching and learning, changes in state and local curricula and assessments, and other factors.

Each NAEP subject area assessment is guided by a framework that defines the scope of the domain to be measured by delineating the knowledge and skills to be tested at each grade and subject, the format of the assessment, and the achievement level definitions.

Test and Item Specifications elaborate on frameworks as guidance for item development conducted by NCES and the NAEP test development contractor(s). The Governing Board determines the content to be assessed and makes recommendations for contextual variables, which supports NCES development of the questionnaires administered to students, teachers, and schools to help the public understand the achievement results in each subject.

The purpose of this contract is to develop and present recommendations to the Governing Board on needed updates to existing frameworks, specifications, and contextual variables for the NAEP Mathematics and Reading assessments, respectively. Based on Governing https://www.nagb.gov/ https://www.nagb.gov/content/nagb/assets/documents/policies/framework-development.pdf

Board deliberations and actions, an additional framework update for one other subject area will be planned as a requirement for the contract option period.

The Governing Board has not conducted a framework update project in several years, and the project timeline is shorter than timelines for previous NAEP Mathematics Framework revisions. Most notably, this is the first time that a framework update project is occurring under the Board’s newly revised Framework Development Policy, and some aspects of the work could not be fully anticipated in advance. In addition, the level of framework revision is largely informed by the Visioning Panel meeting – the first major meeting of the project – and that meeting revealed the need for a more substantive revision for this framework than anticipated at the time of the contract award.

Because public comments received were more extensive than anticipated, additional preparation of the updated Mathematics framework is needed. . As part of the documentation process for the framework, the contractor shall prepare a final summary of public comments received along with a summary of how the public comments were addressed. These factors have resulted in necessary modifications to contract requirements including the addition of an extra in-person meeting and an additional webinar for the Develoment Panel, with up to two Technical Advisory Committee (TAC) members attending each meeting. These changes will also result in additional time for the contractor to prepare the assessment and item specifications, which elaborate on the framework.

Further, the Governing Board anticipates a more extensive revision for the Reading Framework than for the Mathematics Framework due to advances in research and practice. Consequently, it is not possible for the Development Panel to fully address all of the needed content updates to the framework and the assessment and item specifications planned at three in-person meetings. The reading framework project also requires increasing the number of panelists, resulting in increased participation of staff and Technical Advisory Committee members.

These proposed activities fall within the general scope of the contract as the solicitation advised offerors of the potential for changes in scope as work progressed resulting in a need for contract modifications. The Governing Board’s Framework Development Policy, adopted in March 3, 2018 noted in the RFP stated that “The Governing Board, through its Assessment Development Committee, shall monitor the framework development and update processes to ensure that the final Governing Board adopted framework, specifications, contextual variables documents, and their development processes comply with all principles and guidelines of the Governing Board Framework Development Policy”. The RFP added that “…the scope and size of a framework development project shall determine the size of framework panels and the number of panel meetings needed. A framework update project may require smaller panels and fewer meetings if a smaller scope is anticipated for recommended revisions.”

4. Identification of Statutory Authority Permitting Other than Full and Open Competition:

This contract modification is authorized under FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. 41 U.S.C.

3304(a)(1).

This requirement is conducted pursuant to the legislative authority of the National Assessment, Public Law 107-279, Section 302 (5). The Governing Board’s Framework Development Policy, recently revised in March 2018, details procedures for updating NAEP Frameworks and articulates the Board’s role with principles and guidelines for framework update processes.

5. Reason for Cited Authority:

Based on the ongoing work that WestEd is performing, and due to the need to complete the framework updated process in a timely manner, WestED is uniquely qualified to complete the Framework Updates for NAEP Mathematics and Reading. WestEd is deeply embedded in the Framework updating process and therefore the only entity capable of completing the services at the required level of quality. Technical data packages, specifications, project descriptions, activities and information collected are not publicly available and are considered highly secure. Due to on-going development of the requirements by the Governing Board and the Assessment Development Committee, per the Governing Board’s Framework Development Policy and reasons cited in this justification, utilizing the incumbent is the only logical alternative for immediate performance and least effect of interruption of services. This modification is necessary to avoid a break in services for this critical mission requirement.

6. Efforts to Obtain Competition:

On May 11, 2018 the Governing Board originally solicited this requirement under full and open competition through notification on www.fbo.gov. Contract option periods were also advertised. The due date for proposals was June 28, 2018. The solicitation was open for 48 days. Only one offer was received.

7. Determination of Fair and Reasonable Cost:

At the time of contract award, the Contracting Officer made a fair and reasonable price determination on the pricing proposed by WestEd. The Contracting Officer has undertaken a thorough review of the modification pricing based on market conditions and has determined that the modification pricing is fair and reasonable and in compliance with FAR 15.404-1(b)(2)(ii) and (v) requirements.

8. Market Research:

Market research was conducted during the pre-solicitation phase and approval was given by the Office of Small and Disabled Business Utilization to solicit via full and open competition due to the complexity of requirements and the few vendors identified that could provide the services. Market research in reviewing pricing for Other Direct Costs was conducted for this modification. Cost savings are achieved by not convening panel meetings in a location that incurs meeting venue costs.

9. Additional supporting facts:

Several rounds of clarifications have been undertaken in reviewing labor and other direct costs. The pricing obtained and cost reductions from the initial submission of the modification budget by WestEd assures best value to the government.

10. Interested Sources:

The Governing Board is aware of multiple companies that can likely provide the services; however, due to on-going development of the requirements by the Governing Board and the Assessment Development Committee, per the Governing Board’s Framework Development Policy and reasons cited in this justification, utilizing the incumbent is the only logical alternative for immediate performance and least interruption of services for timely completion of the work.

11. Proposed Actions to Overcome Barriers to Competition

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition for future acquisitions for development of NAEP Frameworks.

12. This JOFOC has been Prepared and Certified by:

Technical Certification

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Michelle Blair, Assistant Director for Assessment Development (COR) Date

Fair and Reasonable Cost Determination

I hereby determine that the anticipated cost to the Government for this contract action is determined fair and reasonable at time of modification.

Anthony White, Contracting Officer Date

Contracting Officer Certification

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Anthony White, Contracting Officer Date

Contract Review Committee Certification

I have reviewed this justification and find it adequate to support other than full and open competition.

Munira Mwalimu, Executive Officer Date

Lisa Stooksberry, Deputy Executive Director Date

Lesley Muldoon, Executive Director Date