NLTS 2012 JOFOC_Redacted.pdf

United States Department Of Education

Office of Acquisition and Grants Administration Contracts and Acquisitions Management

Justification and Approval for Other than Full and Open Competition (JOFOC) Authority: FAR 6.302, 41 U.S.C.

(a) “Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR

6.3 and in accordance with the requirements by 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:

(b) JUSTIFICATION

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

This justification was prepared by Contracts and Acquisitions Management (CAM) in the U.S.

Department of Education (Department).

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

The purpose of this action is to negotiate and award Modification P00012 to the Department’s Contract Number ED-IES-15-C-0046, National Longitudinal Transition Study 2012 (also referred to as Post High School Outcomes for Youth with Disabilities) by Research Triangle Institute

(RTI).

The Institute of Education Sciences (IES) is conducting a study to describe the outcomes for a large sample of youth with disabilities by collecting and analyzing administrative data on high school course-taking and completion, postsecondary enrollment, employment and earnings, and receipt of services and benefits through federal programs. As part of the congressionally mandated National Assessment of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004, P.L. 108-446), this study is intended to provide a national picture of students with disabilities and their paths through high school and beyond. To measure the progress youth have made since the most recent reauthorization of IDEA in 2004, this study is collecting administrative data for youth in the NLTS 2012 study and youth in the earlier NLTS-2 conducted prior to IDEA 2004.

This study directly addresses federal policy promoting the use of already collected data from across agencies by relying solely on analyses of available administrative data to examine outcomes. As this type of collection and use of administrative data has not been conducted at a large scale for youth with disabilities, this study examines both the feasibility and use of existing administrative data for the purposes of describing the outcomes of students with disabilities.

Descriptive information from this study will provide essential information to policymakers to help them better serve students with disabilities.

The modification is necessary to adjust the option periods in the following ways:

• Adjust Option Period 1 (already exercised), extend its period of performance by 18

To summarize, competing and making a new award for conducting the study would require a substantial duplication of effort, resulting in additional costs to the Government.

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

AS MANY POTENTIAL SOURCES AS PRACTICABLE:

In accordance with FAR 6.305(a), the Justification and Approval for Other than Full and Open Competition (JOFOC) (a redacted version) will be published on the contract announcements section of Sam.gov within 14 calendar days after of the Modification’s execution. Interested parties may provide comment at that time.

This contract was awarded through a full and open competition under authority set forth in Federal Acquisition Regulation (FAR) Subpart 15 (Contracting by Negotiation) on behalf of the Department’s Institute of Education Sciences (IES), National Center for Education Evaluation and Regional Assistance (NCEE), as Cost Plus Fixed Fee contract.

(7) DETERMINATION BY CONTRACTING OFFICER THAT THE ANTICIPATED COST TO

THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The estimated cost associated with this action is to cover adjustments to Option Period 1, extending its period of performance by 18 months to complete the necessary data adjustments in order to conduct analyses and prepare planned reports. Elimination of Option Period 2 reduces the contract total value by

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

SURVEY WAS NOT CONDUCTED:

The Department conducted extensive market research at time of award. Since award, contractors with the knowledge and expertise necessary to conduct this study has not changed significantly.

Furthermore, as stated previously, this modification builds on work already being conducted by the current contractor and procuring this work from a different contractor would create significant duplication of work, both in time as well as cost to the Government and cannot be separated from that current work. The option period for collection, data preparations, and analyses has already been exercised and funded, and thus if the work were to be procured from a different contractor, the government would pay for the same work twice.

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

OPEN COMPETITION:

Re-procurement of this contract also would unduly delay the work currently being performed, and the government paying twice for the same work would otherwise be avoided by continuing performance with the existing contractor. The government’s investment in this contract is substantial, and the government’s return on investment would be minimized if the work required a recompete and if RTI does not complete the work.

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

ACQUISITION:

The Government plans to provide timely responses to inquiries from interested parties regarding this contract through email responses as appropriate. Please reference Section 6 above for additional information regarding this response.

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

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES

OR SERVICES:

There are no current actions required at this time. The Department will continue to monitor the market to foster competition on future requirements.

Any future actions for similar contractual services will be advertised through appropriate mediums (e.g., Inclusion in the Department’s annual Forecast of Contracting Opportunities and through posting on the Federal Business Opportunities (FBO.gov) website), as appropriate.

(12) CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS

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

I hereby recommend that this justification be approved, and that the Department proceed with the award of Modification P00012, in order to extend the period of performance to complete Option Period 1 and eliminate the subsequent options period of the National Longitudinal Transition Study 2012. This award will allow the Department to receive a return on its initial investment and obtain critical, time-sensitive information. I certify that this justification is complete and accurate to the best of my knowledge.

This is to certify that the data supporting this justification is the responsibility of the undersigned Contracting Officer, including verifying the Government's minimum needs or schedule requirements or other rationale for limited sources or for other than full and open competition justification (pursuant to 6.303-2(b)) which form a basis for this justification, and that such data and rationale are accurate and complete.

Signed:

Contracting Officer Date

Approved:

General Manager, Program Contracts Group Date

Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for limited sources) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Program Office Certification:

This is to certify that the data supporting this justification is the responsibility of the program office personnel, including verifying the Government's minimum needs or schedule requirements or other rationale for limited sources (pursuant to 8.405-6) or for other than full and open competition justification (pursuant to 6.303-2(b)) which form a basis for this justification, and that such data and rationale are accurate and complete.

Date Contracting Officer’s Representative