JOFOC Redacted.pdf

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF FINANCE AND OPERATIONS

OFFICE OF ACQUISITION, GRANTS, AND RISK MANAGEMENT

(1) IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY:

United States (U.S.) Department of Education (Department) Contracts and Acquisitions Management (CAM) Program Contracts Group (PCG) 550 12 Street SW, Room 7169 Washington, DC 20065

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

The Department intends to enter into a firm-fixed-price (FFP), sole source, requirements contract with the National Student Clearinghouse (NSC) to provide supplementary data related to postsecondary students enrolled across the United States. The expected period of performance (POP) is anticipated to be three (3) years, inclusive of a 12-month base ordering period and two (2), 12-month ordering periods. The total contract value, inclusive of all ordering periods and the 52.217-8 option is estimated to be .

(3) DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S

NEEDS (INCLUDING THE ESTIMATED VALUE):

The purpose of this procurement is to secure supplementary data on postsecondary students and analyze that data for program management and decision-making. The Department manages several postsecondary education programs across the United States and requires comprehensive student record data to evaluate the effectiveness of these programs. The existing data collected on participating students is insufficient in providing crucial factors for program management, such as simultaneous enrollment in multiple institutions or partial program participation.

Therefore, the procurement aims to obtain subsets of the National Student Clearinghouse (NSC) student record data for ongoing analysis.

Period of Performance Estimated

Value Basic Ordering Period August 21, 2023 through August 20, 2024 Ordering Period I August 21, 2024 through August 20, 2025 Ordering Period II August 21, 2025 through August 20, 2026 FAR 52.217-8 Option August 21, 2026 through February 20, 2027

Total:

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The period of performance will be a period of 36 months from the date of award, consisting of a 12-month basic ordering period and two, 12-month ordering periods. The total estimated value for the entire period of performance of 42 months to include the 52.217-8 Option to Extend Services is .

(4) STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

OPEN COMPETITION:

41 U.S.C. 1901 - Simplified Acquisition Procedures up to $7.5M, as authorized by FAR 13.500(a) and Implemented by FAR 13.501(a).

(5) DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE

AUTHORITY CITED:

This requirement requires access to a database with comprehensive coverage of postsecondary education degree records from postsecondary education institutions in the country. The NSC maintains education records, dating back up-to 45 years, on behalf of the more than 3,700 colleges and universities and colleges, enrolling over 99% of all students in public and private U.S.

institutions. These institutions have authorized the NSC to provide this information to educational agencies and organizations in order to help them conduct research. NSC is the only source of such a comprehensive database. This comprehensive coverage ensures that the Department has access to a diverse range of student records necessary for accurate program evaluation and management.

No other single entity maintains all of the data needed to provide this information. The NSC is widely recognized as the only source of national student-level data on the magnitude that it could fairly and accurately represent most institutions; no other organization has the data contained within the NSC systems. Additionally, NSC offers specialized services, such as immediate online verifications of college degrees, professional certifications, and attendance through their DegreeVerify program. These services provide prompt access to a large number of degree and attendance records which are needed as part of this requirement.

There are no competitors to the NSC that possess the same levels of coverage. Small-scale efforts include cross-state or regional matching efforts like Western Interstate Commission for Higher Education (WICHE); institution-level unit record data like those held by the National Technical Institute for the Deaf; and student-level data held by other agencies, including the Departments of Defense and Veterans Affairs. However, none of those efforts can match the scale and magnitude of the postsecondary data made available by the NSC.

Lastly, U.S. law, specifically 20 USC §1015c, prohibits the Department from developing or maintaining a separate database of student information. NSC's role as a school official, authorized by educational institutions under the Family Educational Rights and Privacy Act (FERPA), ensures the Department’s compliance with legal requirements while providing access to valuable student record data.

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

MANY POTENTIAL SOURCES AS PRACTICABLE:

A Notice of Intent to sole source was published on SAM.gov on May 18, 2023. The notice

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included information that the Government intends to solicit and negotiate with only one source however the notice also stated that any interested party that believes they can fulfill this requirement should submit a capability statement to be reviewed. Responses received by June 2, 2023, 5:00 PM, Eastern would be considered by the Government. To date, no sources or interested parties have contacted the Department or the Contracting Officer expressing interest in this requirement or capability to perform the requirement.

(7) DETERMINATION BY CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The price to the Government will be determined to be fair and reasonable prior to award using price analysis techniques. The Department expects the proposed prices to be comparable to historical prices paid and in-line with the competitive published price lists. Additionally, the price will be compared to the Independent Government Cost Estimate.

(8) DESCRIPTION OF MARKET SURVEY AND RESULTS, OR STATEMENT

WHY MARKET SURVEY WAS NOT CONDUCTED:

The Department conducted market research, which included extensive internet searches for means of obtaining direct access to postsecondary student information. There were no sources that were identified that can reliably provide this data on a scale along with the integrity required by the Department other than the data provided by the NSC. The Notice of Intent that was published to SAM.gov on May 18, 2023 which requested interested parties to submit capability statements of supporting this requirement. There were no responses made to this posting confirming the sole source nature of the requirement.

NSC is a not-for-profit organization established to store, manage, and verify education records on behalf of participating members of educational institutions. NSC is the only source for verifying these records; third-party vendors simply do not have access to the individual education institutions records as quickly or economically as direct access to NSC, if at all.

(9) OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION:

The inability to obtain the supplemental data provided by NSC would negatively impact the Government’s ability to measure the effectiveness of its postsecondary education programs across the United States. The Department’s current data is incomplete and the data being provided by the NSC will significantly improve its postsecondary records.

(10) SOURCES, IF ANY, WHICH HAVE EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION:

Not applicable. No sources expressed an interest in writing or otherwise to this acquisition.

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

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR

SERVICES:

The Department will continue to monitor the market throughout the period of performance of this contract to ascertain whether there are any alternatives or new entrants in the marketplace, and to

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see if other companies are increasing their efforts to provide postsecondary data on a commercial basis.

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

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

I hereby recommend that this justification be approved, and that the Department proceed with the procurement and of this requirement. I certify that this justification is complete and accurate to the best of my knowledge.

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