Ponce Education Services PWS.pdf

PERFORMANCE WORK STATEMENT

Department of Defense Education Activity 4800 Mark Center Drive

Alexandria, VA 22350

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Education Services for Dependent Children in Pre-Kindergarten through Grade 12 (PK-12) whose

Sponsors are Assigned to the Aricebo-Barceloneta Area, Puerto Rico

1. General Information and Scope of Work

1.1 Agency

For school year (SY)2022-23, the Department of Defense Education Activity (DoDEA) will provide PK-grade12 instruction to approximately 67,000 dependents of active duty military and DoD civilian employees. In the Americas, DoDEA operates 50 schools located in seven states, Puerto Rico, and Cuba. In Europe and the Middle East, DoDEA operates 64 schools located in Germany, England, Netherlands, Belgium, Spain, Turkey, Bahrain and Italy. In the Pacific, DoDEA operates 45 schools located in Korea, Japan (mainland and Okinawa), and Guam.

DoDEA's curriculum, resources and student achievement scores on standardized assessments compare favorably to those of high-performing US public school systems. DoDEA also operates a fully accredited K-12 virtual school with teaching hubs in each DoDEA region: Americas, Europe, and Pacific.

1.2 Background

In 2021 a workgroup representing all Services performed a holistic review of the mission, active-duty status and military-dependent impact for special arrangement locations throughout Puerto Rico. The workgroup concluded that the two existing special arrangement locations remained relevant to the mission and determined a third location west of San Juan was required because the current commuting distance and travel time for these students to the DoDEA schools in Fort Buchanan exceeds three hours per day. This is a new requirement; that is, no contract has been awarded for this purpose.

Using the authority granted in Section 2164 of Title 10, United States Code, the Secretary of Defense, in 2004, determined that the free local public educational programs available for the dependents of US military personnel and certain federal civilian employees in the Aricebo-Barceloneta area of Puerto Rico were not appropriate educational programs because they are conducted in Spanish. The Secretary of Defense authorized DoDEA to award contracts that conduct nonsecular educational programs in the English language in order to provide elementary and secondary education for eligible military and eligible Federal civilian employee dependents.

1.3 Scope of Work

DoDEA requires a comprehensive non-sectarian education program for PK-grade 12 for up to 25 dependent children of DoD personnel assigned within commuting distance of Aricebo-Barceloneta, Puerto Rico (PR).

The Contractor shall provide all necessary labor, services, administration, supplies, equipment, and other items necessary to provide a developmentally appropriate nonsectarian educational program that provides a traditional United States curriculum in accordance with (IAW) applicable US laws and regulations. All instruction shall be provided in English. The Contractor shall provide, as required, counseling services, limited learning center and remedial support service needs that can be accommodated within the school’s existing program, intramural and extracurricular activities, and a lunch program consistent with applicable federal laws and regulations. The educational program must be accredited by a nationally recognized accrediting organization (for example, Cognia or the Middle States Association of Colleges and Schools).

DoDEA expects to award a fixed price requirements contract for a base year and nine option years to meet this need. Quantities are estimated based on projections provided by the US Army. Exact quantities and funding will be provided on task orders issued from this contract vehicle. The enrollment projection for the 2022-23 school year is shown below. Providing an accurate estimate for future years is not possible; however, DoDEA does not expect the maximum enrollment to exceed 25 students.

Estimated Enrollment by School Year and Grade Band

School Year PK K-1 2-8 9-12 Total 2021-22 2 3 4 1 10

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2 Requirements (Objectives)

2.1 (Objective 1) PK-Grade12 Education Services: The objective is to provide a comprehensive PK-grade12 educational program for eligible students living in the Aricebo-Barceloneta, Puerto Rico area that meets US laws and regulations, is nonsectarian, and conducts instruction in English. The school shall be within one-hour commuting distance of the Aricebo-Barceloneta area and accredited by a nationally recognized US accreditation agency. The school year shall have a minimum of 180 days of instruction with a school calendar that is consistent for all students being served.

The tasks below are to help the Contractor gain a better understanding of the requirements in order to successfully meet the objective. The tasks are not all inclusive. The Contractor is expected to develop the total solution to meet all the requirements IAW a performance-based approach.

Supporting Tasks (Objective 1)

Task 1, Standard Tuition Education Program—The Contractor shall:

1) Technical Requirements

a. Accreditation: Be accredited by a nationally recognized accrediting organization (for example, Middle States Association of Colleges and Schools) whose credits are transferrable. The organization may be public, charter or private.

b. Program: Provide a traditional US educational program/curriculum for approximately 25 students grades PK-grade 12 IAW applicable United States laws and regulations.

c. Language: Provide instruction in English, except for world language instruction.

2) Meetings and Site Visits

a. Post-Award/Transitional Meetings: Participate in a post-award conference and/or transitional meeting(s) after contract award, as coordinated by the Contracting Officer's Representative (COR).

b. Site Visits: Participate in site visits scheduled by the COR. Note: The Government intends to perform site visits in person, videoconferencing may be required, if conditions do not permit travel, for example, a major hurricane or a pandemic lockdown.

3) Education Program—Provide comprehensive educational program services, pre-kindergarten (4-year-olds) through grade 12, for 10-12 (a maximum of 25) eligible DoD dependent children residing within commuting distance of Aricebo-Barceloneta area, PR. The education program shall:

a. Provide accommodations for students qualifying under the Rehabilitation Act of 1973 (Section 504) IAW US and Puerto Rican laws and regulations.

b. Include differentiated instruction, remedial support, counseling services, testing/ evaluations (intellectual/ social/emotional/psychometric), intramural/extracurricular activities consistent with applicable federal and Puerto Rican laws and regulations.

c. Provide pupil-to-teacher (PTR) ratios that comply with all mandated maximums for the Department of Education, Puerto Rico.

d. Ensure educational services provided to DoD students are seamlessly integrated with non-DoD students and that DoD students receive equal treatment in terms of assignments to classes and provision of academic materials, instruction, and related services as those provided to non-DoD students.

e. Integrate technology into the curriculum and use technology appropriately as a tool in instruction.

f. Review all educational programs, curriculum and accompanying textbooks used under this contract periodically to ensure compliance with US federal and territory laws and standards, with copyright dates within ten years of the base year contract award.

g. Consist of a minimum of 180 days of instruction with a school calendar that is consistent for all students being served, observing federal holidays.

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4) Related Services

a. Medical Services (Nurses): Provide a minimum of at least one state board certified nurse for medical services to children during normal school hours.

b. Student Food Service Program: Provide and manage a student food service program for all eligible DoD dependent children attending the school which is comparable to that provided in local public schools and complies with US state and territory laws and regulations.

5) Safety and Security of Students, Personnel, and Facilities

a. Provide safety and security requirements as outlined in the following regulations, directives and instructions found at this URL: https://www.dodea.edu/Offices/PolicyAndLegislation/index.cfm.

b. Provide a plan that describes the approach to establish and maintain a safe and secure environment and operation to include background check procedures for all employees and reunification plans in the event of an unanticipated crisis.

c. Ensure the plan accounts for the requirements found in the following instruction: DoD Instruction 1402.5, “Background Checks on Individuals in DOD Child Care Services Programs,” September 11, 2015, incorporating change 1, effective July 14, 2016

6) Reports

a. Enrollment Report: Submit two enrollment reports during the school year that reflect the number of students. Submit a detailed enrollment report by 30 September reflecting first semester student enrollment and a detailed report by 30 January reflecting second semester student enrollment. They shall include student name, grade and sponsor.

b. Standardized Testing Reports: Provide results of student standardized testing (such as Smarter Balanced, ACT/SAT, or a criterion referenced summative exam) Basic Skills, etc.) for all students.

Note: This requirement does not require reporting on testing administered individually or to small, specific groups of students; only to those standardized tests given to all students in specific grades or program.

c. Criminal History Background Checks: Provide a Criminal History Background check for each employee working under this contract as required by Puerto Rico law. The contracting officer and COR shall have total access to this documentation upon request.

d. Accreditation Reports. Provide a copy of the most recent report(s) from a national accrediting agency addressing the accreditation status of the school.

e. Continuous School Improvement Plans: Provide a continuous school improvement plan and/or plans detailing areas for targeted improvement, if required by DoDEA in writing.

7) Communications

a. Notification of Changes to State Educational Laws and Regulations: Provide notification to the COR of any proposed changes to the educational program, including Executive Orders translated to English, IAW the laws of Puerto Rico and applicable US laws and regulations within five days.

b. Two-Way Communication: Provide for two-way communication electronically and on paper for sponsors on a continuing basis.

c. Other: Provide the following:

School calendar indicating student instructional days, professional learning days, holidays, ½ days start and stop of school

The Student Handbook or Student Parent Handbook as appropriate Policy Book as available Newsletters and updates (monthly as practiced, or as published) Any communication distributed to DoD students and families enacting a change of operations due to unforeseen events (earthquake, pandemic, hurricane)

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8) Quality Control: Provide, upon request, a quality control program (QCP) plan to ensure educational services are performed IAW commonly accepted US and Puerto Rican standards. Develop and implement procedures to identify and prevent defective services from recurring. At a minimum, implement quality control procedures that address the areas identified in Technical Exhibit 1, Schedule of Deductions.

Provide a specific QCP point of contact in case of complaints.

9) General Requirements

a. Authorization to Enroll: Be entitled to reimbursement for dependents who meet the DoDEA eligibility requirements as set forth in section 2164 of Title 10, US Code, and Department of Defense Instruction 1342.26, Eligibility Requirements for Minor Dependents to Attend Department of Defense Domestic Dependent Elementary and Secondary Schools (DDESS), dated March 4, 1997.

Eligibility will be determined and approved by the Puerto Rico School Liaison in location and the COR, located at DoDEA HQ.

b. Sponsor Fees: Provide written information to the sponsors of eligible dependents regarding fees they must pay directly to the Contractor (for example, school lunch fees, PTO fees, yearbook, graduation fees, transportation etc.). Provide any changes in sponsor fees ten business days in advance by written notice to the sponsors. Note: Fund raising activities are not considered sponsor fees, and sponsor/ student participation in fund raising events are optional.

c. Invoicing: Invoice only for student-occupied seats and supporting required fees.

d. Authorization to Deny or Dis-enroll: Coordination is required to dis-enroll or deny enrollment to any student who is authorized as eligible by the COR and/or local eligibility personnel registrar except in limited circumstances where the needs of the student cannot be met or sponsor fees have not been paid.

Request to Deny or Dis-enroll: Should the Contractor have concerns about meeting the unique learning needs of a student, past performance/discipline of a student or if the sponsor fees have not been paid, the Contractor shall contact the COR within 24 hours of notification. A written request with appropriate justification must be submitted for consideration to the COR. The COR will make the decision whether or not to deny enrollment or dis-enroll a student. A Request for Equitable Adjustment (REA) may be submitted if it can be proven without doubt that a new student covered by this contract caused additional expense for the Contractor.

Suspension or Expulsion: Retain the right to suspend and/or expel any student for disciplinary infraction IAW the school’s published policies. Notify the COR, in writing, of the expulsion of any student covered by this contract within 48 hours of taking such action.

e. Contingency Plans: Present a contingency plan to ensure that a high-quality comprehensive education program is maintained (1) in a virtual environment in case of extended school closure due to an earthquake, pandemic, hurricane etc. and/or (2) during unanticipated decreases or increases in enrollment, which would result in lower or higher contract costs, respectively, and require a quick response from the Contractor.

Task 2, Transition Plan and Implementation—The Contractor shall, if necessary:

1) Provide a time- and cost-effective draft transition plan detailing both the steps the Contractor makes when taking over the requirement from another contractor (Entry) and the steps the Contractor makes when assisting another contractor taking over the requirement (Exit). The plan shall include a draft timeline and estimated costs for both the entry and exit scenarios of eligible students that remain in location based on the sponsors’ orders, for example, a permanent change of station (PCS)order. The Contractor shall finalize each plan based on written feedback from the COR.

2) Implement the entry and exit plans if and when required in writing from DoDEA.

Task 3, Meetings: The Contractor shall (1) attend virtual/telephonic meetings at no additional cost to the Government and (2) provide the medium through which each meeting occurs, record each meeting’s minutes.

The Contractor shall submit the draft minutes to the COR within two business days of the event and finalize the minutes two business days after receipt of written feedback from the COR.

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1) Post-Award Conference: Participate in a video- or teleconference with the COR five business days after award IAW FAR Subpart 42.5.

2) Other Post-Award Meetings or Site Visits: Meet with the Contracting Officer (KO), COR, and/or other Agency personnel, as appropriate, to review Contractor performance, as required by DoDEA. The KO may discuss the Agency’s view of Contractor performance, and the Contractor shall apprise the Agency of any problems being experienced. The Contractor shall take appropriate action to resolve any outstanding issues the Agency raises.

2.2 Performance Standards and Acceptable Quality Levels

1) Performance Standard: Tasks shall be completed by the required completion date.

2) Acceptable Quality Level: Ninety-five percent of tasks shall be completed by the required completion date. The remaining five percent shall be completed no later than ten business days after their due date.

3 Constraints

3.1 Place of Performance: Work shall be performed at the Contractor’s facilities and/or through virtual instruction IAW Puerto Rican law.

3.2 Program Manager and Alternate Program Manager—The Contractor shall:

1) Provide a program manager (PM) and alternate PM to be responsible for the performance of work. Their names shall be designated in writing to the Contracting Officer. They shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract. Each shall have at least one year of experience working in a similar role.

2) Notify the COR in writing regarding any change in either the PM’s or alternate PM’s role ten business days in advance of the change If the program manager or program manager alternate is changed post-award, the replacement shall meet or exceed the qualifications and experience of the person assigned upon contract award.

3.3 Holidays and Hours of Operation: The PM or alternate PM shall be available during the hours of 9AM to 3PM Eastern Standard Time (EST), except for Federal holidays and Federal government closures/shutdowns.

The following list shows recognized Federal holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

3.4 Anti-Bias, Diversity, and Inclusion—The Contractor shall provide resources free of age, racial, color, national origin, disabling conditions, sexual, gender, religious, and ethnic bias and present balanced coverage of multi-cultural contributions and representation appropriately.

3.5 Privacy—The Contractor shall:

1) User Accounts: Require, wherever applicable, that individual accounts possess unique usernames and passwords that do not require personally identifiable information (PII) to access online content, i.e., first & last name and any other unique personal information.

2) Contractor Personnel: Ensure personnel assigned to this contract take proper precautions to protect information from disclosure. Collect and/or store all agency-owned or agency-controlled PII IAW the relevant requirements of the Privacy Act, 5 U.S.C, which may be found at the following URL:

http://www.archives.gov/about/laws/privacy-act-1974.html.

3.6 Data: All data developed as a result of any work awarded under this contract is and shall remain the property of the Government.

3.7 Organizational Conflict of Interest (OCI): The Contractor (including any subcontractor) personnel performing work under this contract may receive, have access to, or participate in the development of, proprietary or Privacy Act information (e.g., personal information, education, etc.) may create a current or subsequent OCI as defined in FAR Subpart 9.5. Whenever the Contractor becomes aware that such access or participation may result in actual or potential OCI, the Contractor shall (1) immediately notify the Contracting

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Officer (KO) in writing and (2) promptly submit a plan to the KO to avoid or mitigate any such OCI. Note:

The KO will unilaterally determine if the Contractor’s plan is acceptable. If the KO determines the plan cannot satisfactorily avoid or mitigate an OCI, s/he may implement other remedies to include prohibiting the Contractor’s further participation in contracted requirements.

4 Government-Furnished Information / Resources

None

5 Contract Deliverables

Milestone / Deliverable Word/ Excel

Digital Copies

Task /

PWS

Planned Frequency

Meetings Yes Yes Task 1 (2) Dates determined post-award Education Program Yes Yes Task 1 (3) Entire school year Medical Services (Nurse) Yes Yes Task 1 (4a) Entire school year Student Food Service Program Yes Yes Task 1 (4b) Entire school year

Enrollment Reports Yes Yes Task 1 (6a) On or about October 1 and the first day of the second semester

Standardized Test Reports Yes Yes Task 1 (6b) Ten business days from the date of publication

Criminal History Background Checks Yes Yes Task 1 (6c) Ten business days after award Accreditation Report Yes Yes Task 1 (6d) Ten business days after award Notice of Changes to Educational Laws and Regulations

Yes Yes Task 1 (7a) Five business days from the date of publication

Two-Way Communication Yes Yes Task 1 (7b) Ongoing QCP Plan Yes Yes Task 1 (8a) Ten business days after award QCP Implementation Yes Yes Task 1 (8b) Ongoing QCP Point of Contract Yes Yes Task 1 (8c) Ongoing

Sponsor Fees Yes Yes Task 1 (9b)

List of fees ten business days before the start of each semester

Changes in sponsor fees ten business days after notification is sent to the sponsors

Notification of Changes to Sponsor Fees

Yes Yes Task 1 (9b) Within two weeks of proposed changes

Invoicing Yes Yes Task 1 (9c)

Five business days after the October 1 enrollment report for the first semester and as required thereafter

Request to Deny or Dis-Enroll Yes Yes Task 1 (9d) 24 hours after the written request is created

Suspension or Expulsion Yes Yes Task 1 (9d) 24 hours prior to taking action

Within 48 hours of suspension or expulsion

Contingency Plan Yes Yes Task 1 (9e) Three business day after receipt of written request from the COR

Transition Plans Yes Yes Task 2

Draft: Part of the proposal.

Final: Fifteen business days after receipt of written feedback from the COR

Implementation of Plan Yes Yes Task 2 Performed when required

Primary/Alternate Program Manager --- --- PWS 3.2 Provide names at post-award conference

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Milestone / Deliverable Word/ Excel

Digital Copies

Task /

PWS

Planned Frequency

Privacy: User Accounts --- --- PWS 3.5 (1) Periodic COR inspection

Privacy: Contractor Personnel --- --- PWS 3.5 (2) Periodic COR inspection

Schedule of Deductions Yes Yes Technical Exhibit 1

When and if required

6 Acronyms and Definitions

DoD/DOD Department of Defense PA/PII Privacy Act/Personally Identifiable Information QASP Quality Assessment Surveillance Plan

Contract Line Item Number (CLIN) – Basic structural element in a procurement instrument describing and organizing the required product or service for pricing, delivery, inspection, acceptance, invoicing, and payment.

The use of the term “line item” includes “subcontract line number”, (SLIN), as applicable.

Contracting Officer (KO) – The only individual with expressed authority to obligate (bind) the Government by means of entering, administering, and terminating contracts within the limits of the authority delegated via a Contracting Officer’s warrant.

Contracting Officer’s Representative (COR) – Qualified and trained Government employee, nominated by the requiring activity (RA) and appointed in writing by a KO primarily to perform specific technical or administrative functions on a specific contract(s); serves as the ‘eyes and ears’ of a KO to assure the Government’s best interests are protected via the terms and conditions of the contract(s) appointed. COR’s do not have authority to obligate (i.e., bind) the Government.

Contractor - Supplier or vendor having a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Deliverable – Usually physically delivered items but may include such items as digital documents/reports.

Performance Requirements Summary (PRS) – Tabular listing of performance objectives and standards that provides the basis for a meaningful QASP.

Performance Work Statement (PWS) - A statement of work for performance-based acquisitions describing the required results in clear, specific and objective terms with measurable outcomes.

7 Performance Requirement Summary (PRS) and Quality Assurance Surveillance Plan (QASP)

7.1 Performance Requirement Summary (PRS)

Performance Objective

Performance Standard

AQL

Inspection

Method Task 1 (1 & 3) Technical Requirement & Education Program

100% compliance with in the PWS

Services ongoing. No more than one required document will be late each semester

COR inspection and sponsor feedback

Task 1 (2), Meetings 100% compliance with in the PWS

Dates determined post-award COR participation

Task 1 (4), Related Services

100% compliance with in the PWS

Services are ongoing during the school year

COR inspection and sponsor feedback

Task 1 (5), Safety and Security

100% compliance with in the PWS

Services are ongoing. No more than one required document will be late each semester

COR inspection and sponsor feedback

Task 1 (6), Reports 100% compliance with in the PWS

No more than one required document will be late each semester

COR inspection and sponsor feedback

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Performance Objective

Performance Standard

AQL

Inspection

Method

Task 1 (7), Communications

100% compliance with in the PWS

Notifications: No more than one will be late each semester Two-Way Communication:

Ongoing

COR inspection and sponsor feedback

Task 1 (8), QCP 100% compliance with in the PWS

Provide QCP plan upon request.

Implementation and QCP POC availability are ongoing.

Random COR review/inspection

Task 1 (9), General Requirements

100% compliance with in the PWS

Authorizations to Enroll, as needed Disenrollment, suspensions, and expulsions, when and if needed

COR review and sponsor feedback

Task 2, Transition Plan, Beginning & Exiting Implementation to be performed if applicable

100% compliance with in the PWS

Draft: 80% accurate Final: 100% accurate except for possible grammar and formatting errors.

Implementation is completed within five business days of the estimated time.

COR

review/inspection

7.2 Quality Assurance Surveillance Plan (QASP): The Government will use a QASP to monitor the Contractor’s performance on the contract. The QASP is a living document that can change at any time during the life of the contract. As such, the Government reserves the right to unilaterally edit the QASP at its discretion.

Technical Exhibit #1, Schedule of Deductions

SD

No

Deduction Description

PWS

Task

Rate of Deduction

01 Failure to provide instruction in English 1—1a $500 per day per classroom required to meet standards

Failure to meet the required pupil-to-teacher ratio for any grade level.

1—4a $500 per day per classroom required to meet standards

Failure to provide enrollment reports, with required data, IAW the required timelines

1—6a $125 per report for each business day late

Failure to provide standardized test score results within ten business days of their publication

1—6b $600 per report

Failure to provide Criminal History Background Check information when requested.

1—6c $125 per employee for each business day late

06 Failure to provide Quality Control Program 1—8a&b $30 per business day late

Failure to obtain approval from COR prior to enrollment of student

1—9a $600 per incident

Failure to enroll student approved by the District office without written consent from the COR to do so.

1—9d $600 per report

Failure to notify COR of a suspension or expulsion within 48 hours

1—9e $125 per incident per 24-hour period.

The rates of deduction are subject to change during the life of the contract but cannot be raised more than five percent per year without written approval from the contracting officer.