JOFOC - NCES 50 States REDACTED_Redacted.pdf

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NAEP State Education Agency Coordinators
Solicitation number
IESJOFOC0001
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This document is a Justification for Other Than Full and Open Competition (JOFOC) from the U.S. Department of Education for the National Center for Education Statistics (NCES) State Partnership System. The document outlines a sole-source contract strategy to award firm-fixed price contracts to approximately 50 State Education Agencies (SEAs) to support the National Assessment of Educational Progress (NAEP) administration. The contracts will have a base period from April 1, 2025 to March 31, 2026, with nine additional option years. The total estimated value of the contracts is not fully disclosed, but the highest anticipated contract is with Connecticut, valued at approximately $3.4 million. The justification emphasizes that SEAs are the only entities capable of performing these services, as they have unique access to local school districts, student information, and state assessment systems, and are required by legislation to facilitate NAEP assessments.

The key requirements include designating a NAEP State Coordinator in each SEA who will act as the representative for assessment administration, provide technical assistance, and participate in the Cooperative System. The contracts are sole-sourced based on the SEAs' exclusive access to school district and student information, their ability to manipulate state record systems, and their role in implementing NAEP at state and national levels. The pricing is determined to be fair and reasonable through an Independent Government Cost Estimate based on historical data from similar contracts in the previous five years. The statutory authority for this approach is cited as 41 U.S.C. 3304(a)(1), and no competitive market survey was conducted due to the specific nature of the requirement.

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

This Class Justification for Other than Full and Open Competition (JOFOC) below has been developed in accordance with Federal Acquisition Regulation (FAR) 6.303-2.

1. IDENTIFICATION:

U.S. Department of Education (Department) Contracts and Acquisitions Management (CAM)

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

The Department seeks to negotiate and award a class of sole-source firm-fixed price contracts to approximately fifty1 individual State Education Agencies (SEA) in support of Public Law 107-279 Education Science Reform Act of 2002. The Department will contract with SEAs to support participation in the National Center for Education Statistics (NCES) State Partnership System.

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

Project Title:

National Center for Education Statistics State Partnership System

Description of Supplies or Services:

Legislation provides the Department authority to provide funding for the administration of the National Assessment of Educational Progress (NAEP) to provide state level performance results.

Additionally, the legislation requires the Department to provide technical assistance to states in carrying out the NAEP. The objective of these procurements is to establish a partnership between individual SEAs and NCES. The partnership enables NCES to provide SEAs with the technical assistance described in the legislation. The proposed action will allow SEA’s to participate in activities and projects developed by the Department to further establish the purpose of the partnership.

Period of Performance:

One base period of performance beginning April 1, 2025 – March 31, 2026 plus nine option years.

Estimated Amount:

The Department expects to award a single sole-source contract to each SEA. The cumulative value of the estimated 50 awards for the duration of the contracts is estimated to be 2 The value for each individual state award will vary depending on the size of the state and the levels of assistance required. The following chart depicts the planned value of each state contract, inclusive of one base year and nine option years. Please note that this chart does not include price information for one state that is not expected to submit a proposal (Texas). It should also be noted that no ‘single’ contract value

1 There are more than fifty eligible states and territories. The Department does not know what states will ultimately submit proposals, so this Justification provides estimates based on historical data available.

2 This value represents the sum of costs associated with State Coordinators and Basic Participation as detailed on Page 2-4 of this justification. It includes a base year plus nine option years.

Participation in the program shall involve a continuing relationship between SEAs and NCES and will include the designation of a NAEP State Coordinator. The Coordinator shall act as the SEA representative in the schools for the administration of the assessment and in other matters concerning the program. It will also designate participants in the Cooperative System that can speak to state interests and provide recommendations concerning the program.

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

MANY POTENTIAL SOURCES AS PRACTICABLE:

The individual state and territorial SEAs are the only SEAs that exist with the capability to perform.

There is no other state agency capable and prepared to facilitate the NAEP assessment. Therefore, offers will be solicited from the only known source available: SEAs from all participating states and territories.

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

GOVERNMENT WILL BE FAIR AND REASONABLE:

The Contracting Officer anticipates the price will be fair and reasonable based on historical pricing.

The estimated amounts of the awards to the SEAs is based on an Independent Government Cost Estimate (IGCE) created from historical data for similar requirements for implementing and coordinating the NAEP administration in the state, promoting understanding and use of NAEP, and analyzing and reporting NAEP results. Estimated awards are also based on the IGCE for the Cooperative System created from historical data for similar requirements. Therefore, the anticipated cost to the government can be determined fair and reasonable based on historical data for the expenses incurred by similar contracts in place in the previous five years. In addition, salary information for state employees can be found online via internet research.

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

SURVEY WAS NOT CONDUCTED:

A market survey was not conducted as the requirement must be performed by the SEAs as detailed in earlier sections.

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.

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

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR

SERVICES:

No actions are anticipated to overcome barriers due to the nature of the requirement.

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:

This justification is complete and accurate to the best of the Contracting Officer’s knowledge and belief and approval of this document is recommended.

[DOCUMENT CONTINUES TO SIGNATURE PAGES]

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