RFP-97-012 SOLICITATION, OFFER AND AWARD Form 1 of 2 OMB SOLICITATION CLEARANCE NO. 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) Rating: _______________________________________________________________________________ 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION RFP-97-012 [ ] Sealed Bid (IFB) [X] Negotiated (RFP) _______________________________________________________________________________ 5. DATE ISSUED 6. REQUISITION/PURCHASE NO. April 25, 1997 RFP-97-012 _______________________________________________________________________________ 7. ISSUED BY (Hand-carried Address) 8. ADDRESS OFFER TO (If other than Item 7) U.S Department of Education Application Control Center GSA Bldg., Rm. 3633 (M.S. 4725) (Same as Item 7) Seventh and D Streets, S.W. ATTN: RFP-97-012 Washington, DC 20202 _______________________________________________________________________________ NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". _______________________________________________________________________________ SOLICITATION 9. Sealed offers in original and 12 copies of the technical proposal, and original and 4 copies of the business proposal for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in (See Item 7) until 2:00 p.m. local time on June 24, 1997. CAUTION - LATE submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and conditions contained in this solicitation. _______________________________________________________________________________ 10. FOR INFORMATION CALL: A. NAME: Helen M. Chang B. TELEPHONE NO. (Include area code) : 202 708-9740 (NO COLLECT CALLS) _______________________________________________________________________________ 11. TABLE OF CONTENTS (X) PART/SECTION DESCRIPTION PART I - THE SCHEDULE (X) A SOLICITATION/CONTRACT FORM (X) B SUPPLIES OR SERVICES AND PRICE/COSTS (X) C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT (X) D PACKAGING AND MARKING (X) E INSPECTION AND ACCEPTANCE (X) F DELIVERIES OR PERFORMANCE (X) G CONTRACT ADMINISTRATION DATA (X) H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES (X) I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS (X) J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS (X) K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS (X) L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD _____________________________________________________________________________ EXCEPTION TO STANDARD FORM 33 APPROVED BY GSA/IRMS 5-87 Page 1 of 128 RFP-97-012 SOLICITATION, OFFER AND AWARD Form 2 of 2 OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. _______________________________________________________________________________ 12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______ calendar days ( 90 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. _______________________________________________________________________________ 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 10 Calendar days 20 Calendar days 30 Calendar days __ Calendar days ______% ______% ______% ______% _______________________________________________________________________________ 14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offers and related documents numbered and dated: AMENDMENT NO. DATE AMENDMENT NO. DATE _______________________________________________________________________________ 15A. NAME AND ADDRESS OF OFFEROR 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print) 15B. TELEPHONE NO. (Include Area Code) ______________________ 15C. [ ] CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE. ENTER SUCH ADDRESS IN SCHEDULE. _______________________________________________________________________________ 17. SIGNATURE: 18. OFFER DATE: _______________________________________________________________________________ AWARD (To be completed by the Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION _______________________________________________________________________________ 22. AUTHORITY FOR USING OTHER THAN [ ] 10 U.S.C. 2304(C)( ) FULL AND OPEN COMPETITION: [ ] 41 U.S.C. 253(C)( ) _______________________________________________________________________________ 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM ___________ (4 copies unless otherwise specified) _______________________________________________________________________________ 24. ADMINISTERED BY (If other than Item 7) 25.PAYMENT WILL BE MADE BY _______________________________________________________________________________ 26. NAME OF CONTRACTING OFFICER 27. UNITED STATES OF AMERICA 28.AWARD DATE (Type or Print) (Signature of Contracting Officer) _______________________________________________________________________________ IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. _______________________________________________________________________________ EXCEPTION TO STANDARD FORM 33 "APPROVED BY GSA/IRMS 5-87 Page 2 of 128 TABLE OF CONTENTS PAGE SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS. . . . . . . . . . . . 1 B.1 ESTIMATED COST AND FIXED FEE. . . . . . . . . . . . . . . . . . 1 (INCREMENTALLY FUNDED CONTRACTS) (ED 301-4) (FEBRUARY 1985) SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT. . . . . . . . . . 2 C.1 SCOPE OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . 2 (ED 302-2) (FEBRUARY 1985) SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . 29 D.1 PACKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 (ED 303-4) (MAR 1986) SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . 30 E.1 INSPECTION AND ACCEPTANCE . . . . . . . . . . . . . . . . . . . 30 (ED 304-1) (FEB 1985) SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . 31 F.1 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . 31 (ED 305-5) (MARCH 1986) F.2 DELIVERABLES. . . . . . . . . . . . . . . . . . . . . . . . . . 31 (ED 305-6) (MARCH 1986) F.3 REPORT OF CONSULTANTS . . . . . . . . . . . . . . . . . . . . . 31 (ED 305-2) (MAR 1986) F.4 MONTHLY EXPENDITURE REPORTS. . . . . . . . . . . . . . . . . . . 31 F.5 SCHEDULE OF CORE TASK DELIVERABLES AND MILESTONE. . . . . . . . 31 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . 37 G.1 CONTRACT ADMINISTRATOR. . . . . . . . . . . . . . . . . . . . . 37 (ED 306-8) (FEB 1985) G.2 ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY. . . 37 (ED 306-2) (JAN 1989) G.3 INVOICE AND CONTRACT FINANCING REQUEST SUBMISSION . . . . . . . 37 (ED 306-1) (MAR 1988) G.4 PROVISIONAL AND NEGOTIATED FINAL OVERHEAD RATES . . . . . . . . 38 (ED 306-9) (OCT 1993) G.5 GOVERNMENT-FURNISHED DATA . . . . . . . . . . . . . . . . . . . 38 (ED 306-10) (APR 1984) SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . 40 H.1 PAYMENT OF PRINTING TO BE PERFORMED BY THE. . . . . . . . . . . 40 GOVERNMENT PRINTING OFFICE (ED 307-8) (APR 1992) H.2 COST ACCOUNTING STANDARDS APPLICATION . . . . . . . . . . . . . 40 (ED 307-11) (JUNE 1992) H.3 ORDER OF PRECEDENCE (SOLICITATION). . . . . . . . . . . . . . . 40 (ED 307-1) (NOVEMBER 1986) H.4 DUAL COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . 40 (ED 307-3) (MAR 1985) H.5 PAYMENT OF TRAVEL EXPENSES AND FEES FOR ED EMPLOYEES. . . . . . 41 (ED 307-5) (MAR 1985) H.6 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS . . . . . . . 41 TABLE OF CONTENTS PAGE WITH DISABILITIES (ED 301-20) (FEB 1995) H.7 REQUIRED SUBMISSION OF INFORMATION FOR. . . . . . . . . . . . . 41 PAYMENT BY ELECTRONIC FUNDS TRANSFER (ED 307-30) (SEP 1996) H.8 MANDATORY INFORMATION FOR . . . . . . . . . . . . . . . . . . . 42 ELECTRONIC FUNDS TRANSFER PAYMENT (FAR 52.232-33) (AUG 1996) H.9 ACCESSIBILITY OF SOFTWARE . . . . . . . . . . . . . . . . . . . 46 ED 316-1 (APR 1997) H.10 PRIVACY ACT NOTIFICATION. . . . . . . . . . . . . . . . . . . . 47 (FAR 52.224-1) (APRIL 1984) H.11 PRIVACY ACT . . . . . . . . . . . . . . . . . . . . . . . . . . 48 (FAR 52.224-2) (APRIL 1984) H.12 ORGANIZATIONAL CONFLICTS OF INTEREST. . . . . . . . . . . . . . 49 (ED 307-17) (APR 1984) H.13 CONTINUITY OF SERVICES. . . . . . . . . . . . . . . . . . . . . 49 (FAR 52.237-3) (JANUARY 1991) H.14 OPTION TO EXTEND SERVICES . . . . . . . . . . . . . . . . . . . 50 (FAR 52.217-8) (AUG 1989) H.15 KEY PERSONNEL DESIGNATION. . . . . . . . . . . . . . . . . . . . 50 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . 51 SECTION I - CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE-ALTERNATE I . . . . . . . . . 51 (FAR 52.252-2) (JUN 1988) I.2 CLAUSES FOR A COST-PLUS-FIXED-FEE CONTRACT. . . . . . . . . . . 51 (MATRIX-A) (FEB 1997) I.2.1 FEDERAL ACQUISITION REGULATION. . . . . . . . . . . . . . . . 51 (48 CFR CHAPTER 1) CLAUSES I.2.2 DEPARTMENT OF EDUCATION ACQUISTION REGULATION (EDAR) . . . . 56 (48 CFR CHAPTER 34) CLAUSES I.3 CLAUSES FOR A COST REIMBURSEMENT CONTRACT . . . . . . . . . . . 56 WITH NONPROFIT, BUT OTHER THAN EDUCATIONAL, INSTITUTION (MATRIX-B) (FEB 1997) I.3.1 FEDERAL ACQUISITION REGULATION . . . . . . . . . . . . . . . 56 (48 CFR CHAPTER 1) CLAUSES I.3.2 DEPARTMENT OF EDUCATIONAL ACQUISITION REGULATION (EDAR). . . 61 (48 CFR CHAPTER 34) CLAUSES I.4 CLAUSES FOR A COST-REIMBURSEMENT CONTRACT . . . . . . . . . . . 61 WITH AN EDUCATIONAL INSTITUTION (MATRIX-E) (FEB 1997) I.4.1 FEDERAL ACQUISITION REGULATION . . . . . . . . . . . . . . . 61 (48 CFR CHAPTER 1) CLAUSES I.4.2 DEPARTMENT OF EDUCATION ACQUISITION REGULATION (EDAR). . . . 67 (48 CFR CHAPTER 34) CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS . . . . . . . . . . . . . . . . . 68 AND OTHER ATTACHMENTS SECTION J -- LIST OF ATTACHMENTS J.1 LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . . . 68 (ED 309-1) (MARCH 1985) PART IV, SECTION K . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 REPRESENTATIONS,CERTIFICATIONS, AND OTHER STATEMENTS OF THE TABLE OF CONTENTS PAGE OFFEROR K.1 REPRESENTATION AUTHORITY. . . . . . . . . . . . . . . . . . . . 69 (ED 310-1) (MARCH 1985) K.2 WOMEN-OWNED BUSINESS. . . . . . . . . . . . . . . . . . . . . . 69 (FAR 52.204-5) (DEC 1996) K.3 PLACE OF PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . 70 (FAR 52.215-20) (APRIL 1984) K.4 ANNUAL REPRESENTATIONS AND CERTIFICATIONS --. . . . . . . . . . 70 NEGOTIATION (FAR 52.215-35 (JAN 1997) K.5 CERTIFICATION OF NONSEGREGATED FACILITIES . . . . . . . . . . . 71 (FAR 52.222-21) (APRIL 1984) K.6 DRUG-FREE WORKPLACE . . . . . . . . . . . . . . . . . . . . . . 71 (FAR 52.223-6) (JAN 1997) K.7 CERTIFICATE OF CURRENT COST OR PRICING DATA . . . . . . . . . . 73 (ED 310-5) (MARCH 1985) K.8 DUPLICATION OF COST . . . . . . . . . . . . . . . . . . . . . . 74 (ED 310-6) (MARCH 1985) K.9 EMPLOYER'S IDENTIFICATION NUMBER. . . . . . . . . . . . . . . . 74 (ED 310-7) (MARCH 1985) K.10 CONTRACTOR IDENTIFICATION NUMBER - DATA . . . . . . . . . . . . 74 UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (FAR 52.204-6) (DEC 1996) K.11 TYPE OF BUSINESS ORGANIZATION . . . . . . . . . . . . . . . . . 75 (FAR 52.215-6) (JULY 1987) K.12 AUTHORIZED NEGOTIATORS. . . . . . . . . . . . . . . . . . . . . 76 (FAR 52.215-11) (APRIL 1984) K.13 APPROVAL OF ACCOUNTING SYSTEM . . . . . . . . . . . . . . . . . 76 (ED 310-9) (MARCH 1985) K.14 CERTIFICATION FOR INTENDED COMPLIANCE WITH. . . . . . . . . . . 76 "LIMITATION OF COST" CLAUSE (ED 310-15) (APRIL 1984) K.15 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION. . . . . . . . 76 (ED 310-10) (APRIL 1984) K.16 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . . . . . . 79 (FAR 52.219-1) (JAN 1997) K.17 EQUAL LOW BIDS. . . . . . . . . . . . . . . . . . . . . . . . . 81 (FAR 52.219-2) (OCT 1995) K.18 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . . . . . . . . . . . 82 (FAR 52.222-22) (APRIL 1984) K.19 AFFIRMATIVE ACTION COMPLIANCE . . . . . . . . . . . . . . . . . 82 (FAR 52.222-25) (APRIL 1984) K.20 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING . . . . . . . 82 (FAR 52.223-13) (OCT 1996) K.21 POST EMPLOYMENT CONFLICT OF INTEREST. . . . . . . . . . . . . . 83 (ED 310-16) (MARCH 1985) K.22 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . . . . . . 83 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS. (FAR 52.209-5) (MAY 1989) K.23 TAXPAYER IDENTIFICATION . . . . . . . . . . . . . . . . . . . . 85 (FAR 52.204-3) (SEPTEMBER 1989) K.24 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS . . . . . . . . 86 TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11) (APRIL 1991) TABLE OF CONTENTS PAGE K.25 ORGANIZATIONAL CONFLICTS OF INTEREST. . . . . . . . . . . . . . 87 CERTIFICATE -- MARKETING CONSULTANTS (FAR 52.209-7) (OCTOBER 1995) K.26 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR . . . . . . 88 ILLEGAL OR IMPROPER ACTIVITY (FAR 52.203-8) (JAN 1997) K.27 ORGANIZATIONAL CONFLICT OF INTEREST . . . . . . . . . . . . . . 89 (EDAR 3452.209-70) (AUG 1987) K.28 CLEAN AIR AND WATER CERTIFICATION . . . . . . . . . . . . . . . 89 (FAR 52.223-1) (APRIL 1984) K.29 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION. . . . . . 90 (52.230-1) (APR 1996) SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES. . . . . . . . . . . . 95 TO OFFERORS L.1 TYPE OF CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . 95 L.2 INCREMENTAL FUNDING. . . . . . . . . . . . . . . . . . . . . . . 95 (EDAR 3452.232-71) (AUG 1987) L.3 GENERAL INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . 96 (ED 311-2) (FEB 1996) L.4 TECHNICAL PROPOSAL INSTRUCTIONS . . . . . . . . . . . . . . . . 97 (ED 311-3) (MARCH 1986) L.5 PAST PERFORMANCE REPORT . . . . . . . . . . . . . . . . . . . . 108 (ED 314-1) (MAR 1996) L.6 BUSINESS PROPOSAL INSTRUCTIONS. . . . . . . . . . . . . . . . . 110 (ED 311-4A) (JUL 1996) L.7 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION. . . . . . 112 OTHER THAN COST OR PRICING DATA (FAR 52.215-41, ALTERNATE IV) (OCT 1995) L.8 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS . . . 113 SUBCONTRACTING PLAN (FAR 52.219-9) (OCT 1995) L.9 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW. . . . . . 117 (FAR 52.222-24) (APRIL 1984) L.10 EXPLANATION TO PROSPECTIVE OFFERORS . . . . . . . . . . . . . . 117 (FAR 52.215-14) (APRIL 1984) L.11 LATE SUBMISSIONS, MODIFICATIONS, AND. . . . . . . . . . . . . . 118 WITHDRAWALS OF PROPOSALS (FAR 52.215-10) (FEB 1997) L.12 FAILURE TO SUBMIT OFFER . . . . . . . . . . . . . . . . . . . . 120 (FAR 52.215-15) (JUL 1995) L.13 CONTRACT AWARD. . . . . . . . . . . . . . . . . . . . . . . . . 120 (FAR 52.215-16) (OCT 1995) L.14 PROVISION FOR EVALUATION FACTOR AMENDMENTS. . . . . . . . . . . 121 (ED 311-7) (MARCH 1986) L.15 APPLICATION OF PATENT RIGHTS CLAUSE . . . . . . . . . . . . . . 121 (ED 311-13) (MARCH 1987) L.16 FORMS CLEARANCE PROCESS . . . . . . . . . . . . . . . . . . . . 121 (ED 311-5) (MARCH 1986) L.17 SERVICE OF PROTESTS . . . . . . . . . . . . . . . . . . . . . . 122 (FAR 52.233-2) (OCTOBER 1995) L.18 STANDARD INDUSTRIAL CODE AND. . . . . . . . . . . . . . . . . . 122 SMALL BUSINESS SIZE STANDARD (FAR 52.219-22) (JANUARY 1991) L.19 SMALL BUSINESS SIZE STANDARD. . . . . . . . . . . . . . . . . . 122 TABLE OF CONTENTS PAGE (ANNUAL DOLLAR RECEIPTS) - ALTERNATE 1 (ED 311-9A) (MARCH 1986) L.20 FACILITIES CAPITAL COST OF MONEY. . . . . . . . . . . . . . . . 122 (FAR 52.215-30) (SEPT 1987) L.21 EXPLANATION TO PROSPECTIVE OFFERORS. . . . . . . . . . . . . . . 123 L.22 ADDITIONAL BUSINESS PROPOSAL INSTRUCTIONS. . . . . . . . . . . . 123 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . 124 M.1 EVALUATION FACTORS FOR AWARD (ALTERNATE I). . . . . . . . . . . 124 (ED 312-2) (FEB 1996) M.2 EVALUATION EXCLUSIVE OF OPTIONS . . . . . . . . . . . . . . . . 128 (FAR 52.217-3) (APRIL 1984) M.3 Comparison of Separate and Combined Offers and Selection . . 128 RFP-97-012 SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B.1 ESTIMATED COST AND FIXED FEE (INCREMENTALLY FUNDED CONTRACTS) (ED 301-4) (FEBRUARY 1985) (a) It is estimated that the total cost to the Government for full performance of this contract will be $______, of which the sum of $________ represents the estimated reimbursable costs and $______ represents the fixed-fee (if any). (b) Total funds currently available for payment and allotted to this contract are $______, of which $______ represents the limitation for reimbursable costs and $______ represents the proration of fixed-fee (if any). For further provisions on funding, see the Limitation of Funds clause. (c) If and when the contract is fully funded, as specified in paragraph (a) of this clause, the Limitation of Cost clause shall become applicable. (d) The Contracting Officer may allot additional funds to the contract without the concurrence of the Contractor. Page 1 of 128 RFP-97-012 SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT C.1 SCOPE OF WORK (ED 302-2) (FEBRUARY 1985) The contractor shall furnish all personnel, materials, services, and facilities necessary to perform the requirements set forth in the Statement of Work. This shall also be done in accordance with the specified General and Special Provisions and the contractor's final technical proposal, as shall be incorporated by reference as a part of the contract. Voluntary National Tests in Reading and Mathematics STATEMENT OF WORK Introduction The U.S. Department of Education has a requirement for the development of a new voluntary annual reading test in English at grade 4 and a mathematics test at grade 8. These national tests will provide parents and teachers with information about the achievement of their children and students relative to rigorous standards in the areas of reading and mathematics. The test content will be based on the mathematics and reading frameworks for the National Assessment of Educational Progress (NAEP), which were developed through a national consensus process. Although the U.S. Department of Education will fund the development of the new examinations, provide continued technical assistance, and pay for administering, scoring and reporting the tests in 1999 (the first year of administration), it will not administer, score, collect, or report individual test results. Purpose The purpose of this contract is to develop the National Test in Reading (NTR) and the National Test in Mathematics (NTM), which will include developing test items; conducting pilot and field tests; creating equated test forms, developing guidelines for printing, administration, scoring and reporting; conducting research related to the test, and coordinating with the Government and other contractors. These requirements are explained in detail in the contract tasks. Authority This project will be conducted under the authority of the Fund for Improvement in Education (FIE), 20 U.S.C. 8001. Page 2 of 128 RFP-97-012 Tasks to be Performed TASK 1 - Initiate Project 1.1 Transfer Materials Within 5 working days of contract award, the Education Department (ED) will provide the contractor(s) with project materials C test and item specifications developed under a separate contract for this purpose. The contractors will have the opportunity to review the draft specifications before they are finalized. Any recommendations from the contractor for revisions shall go back to the test specification contractor that created the specifications for final approval by September 15, 1997. 1.2 Consult with ED Within two weeks of contract start, the contractor(s) shall meet with the Contracting Officer's Technical Representative (COTR), the Contracting Officer (CO) and/or the Contract Specialist to review the contract's tasks and to discuss issues related to the development of the NTR and/or the NTM. The meeting shall be held in Washington, D.C. at the offices ED, the Office of Educational Research Institute (OERI). The contractor(s) shall provide ED with an agenda and any background material at least five working days in advance of the meeting. The contractor(s) shall have electronics communication capability (e-mail). During the initial meeting with ED, rules for transmitting materials via electronic communication or more secured methods will be discussed and implemented. Deliverables: Agendas and meeting materials 1.3 Conduct Other Meetings with OERI Key contractor staff shall be prepared to travel to Washington, DC for meetings with the OERI throughout the contract period. It is anticipated that about 10 meetings per year (other than the initial meeting described above) shall be needed over the life of the contract. Typically, the meetings are one-day meetings. The designation of attendees to each meeting shall be made only after the meeting goals and agenda have been established. An average of three of the contractor's staff members will typically attend each meeting. In addition to these meetings, it is envisioned that teleconferences will be used on a routine basis. The contractor(s) shall participate in the development of the goals and agenda for each meeting. The contractor(s) Page 3 of 128 RFP-97-012 shall provide a final agenda and materials at least five working days in advance of the meeting. The contractor(s) shall be responsible for distributing the agenda and other meeting materials, if any, to about 12 meeting attendees. Materials to be distributed shall be approved, in advance, by the COTR. Deliverable: Meeting agendas and materials 1.4 Submit General Management and Monthly Progress Reports Within two weeks after the initial meeting with ED, the contractor(s) shall refine and resend the detailed tentative master schedule and budget submitted in its technical and cost proposal, for all activities to be performed during the entire life of the contract. The schedule will be a task- by-task description of all events to be performed in the project, including starting dates, milestones, and completion dates of the various components of each task. The staff working on each component shall be named as well as time allocations and estimated costs. In addition to this master schedule, for each task, the contractor(s) will provide separate monthly detailed Gantt charts, staffing plans, time lines, and budgets. All budgets shall include an analysis by task and sub-task, including "costs to date" and "estimate to complete" for each activity. Each month, a budgeting, time line, and staffing report shall be presented to the OERI COTR and ED contract officer (CO) in writing. This master schedule shall remain available at all times to the COTR via electronic mail. The entire schedule and budget data base shall be revised after changes are made in the project initiation meeting. All deliverables to be created shall be compatible with ED's software. Deliverable: Monthly reports, 10 working day 1.5 Conduct Briefings and Prepare Briefing Materials Periodically, throughout the course of the project, OERI shall provide interested individuals and agencies with information about the nature, findings, and progress of this project. The contractor(s) shall develop these briefing materials for OERI. These briefing materials shall be no more than 10 typewritten pages of text (double-spaced) with accompanying graphs and/or tables suitable for display (e.g., transparencies). Within two weeks of a request by the COTR, a set of briefing materials shall be submitted to the COTR for review and comment. The contractor(s) shall make necessary revisions to the materials based on this review and resubmit the materials within one week of receipt of comments. The contractor(s) shall plan to provide OERI with two dozen sets of briefing materials per annum. The contractor(s) shall also plan to provide up to Page 4 of 128 RFP-97-012 thirty briefings and/or demonstrations about the project over the life of the contract. The COTR will give as much notice as possible for these briefings and/or demonstrations. Examples of the kinds of meetings at which the contractor(s) might be asked to discuss the project and to present preliminary findings from the field test and main study are the annual meetings of the American Educational Research Association; the Large Scale Assessment Conference hosted by the Council of Chief State School Officers; the International Reading Association, the National Council for Teachers of English, the National Council for Teachers of Mathematics, and the National Reading Conference. In addition the contractor may be required to provide information for briefings to Congress, other federal agencies and to the Office of Management and Budget. Deliverable: Briefing materials 1.6 Coordinate with OERI and Other ED Contractors The contractor(s) shall coordinate with the COTR regarding plans and logistics. In addition, the NTR and NTM contractors shall coordinate activities with other contractors involved with the national test initiative and Advisory Panel that may be formed in the future. It is anticipated that these contracts will be awarded after September 1997. The CO will submit the name, address, and phone number of these contractors to one another within five working days after contract awards. The contractor(s) shall also coordinate with the ED advisory board and technical panel. 1.7 Establish Subject-Specific Advisory Panel(s) The contractor shall establish a subject-specific advisory panel, one for math and/or one for reading pertaining to the subject area of their contract. All of the activities related to the National Test (NT) will be monitored by this advisory panel. This panel shall provide the contractor(s) with review and comment on a variety of matters ranging from test item content to administrative and policy issues related to the appropriate NT. The advisory panel shall be a permanent standing panel that is broadly representative of potential users of the test, and will include 12-15 representatives of state and local governments, teachers, parents, the testing industry, curriculum experts in reading (for the NTR) or mathematics (for the NTM), and experts skilled in issues related to special populations. At least one third of the members of the reading/mathematics panels that created the test specifications shall be included in the subject area panels created for this contract. The contractor shall notify the COTR if they are unable to meet this requirement because there is not a sufficient number of test specification panel members willing to participate. Page 5 of 128 RFP-97-012 The subject-specific advisory panel shall play an active role in the development of the NT by reviewing and commenting on overall test development, identifying policy and research questions, providing input about the instrument content, proposing analytical models and methods, reviewing work plans and their implementation, and reviewing and suggesting modifications to draft reports. Approximately two times per year, public advisory panel meetings shall be held to discuss policy issues which will not have an impact on test security. The contractor shall provide transcripts of the public meetings to the COTR in electronic format, who will post the transcripts on the Internet. The contractor's responsibilities related to the advisory panel shall include, but not necessarily be limited to, the following: 1.Identify and recruit panel members. Within two weeks of contract award, the contractor(s) shall provide in writing, the names of individuals with the needed expertise for potential membership to the COTR for comments. The contractor will make the final selection for the panel. 2.Prepare all materials and correspondence required for panel consideration and review. 3.Schedule the meetings with panel members. The first panel meeting shall occur within 6 weeks of contract award. 4.Arrange for advisory panel meetings (e.g., meeting space and accommodations) and pay all associated expenses. 5.Prepare minutes of the meetings. The contractor shall tape record the meetings and submit a written summary to the advisory panel members within two weeks of each meeting. The minutes shall include a summary of the discussions (there is no requirement for a verbatim transcript except for the public meetings) and activities that took place during the meeting, highlighting major issues that were raised and decisions made. The minutes shall identify actions (long-term and immediate) the contractor(s) will take to respond to issues that were raised and not resolved during these meetings. 6.Arrange and pay for specific work products not tied to a meeting. For example, subject-specific advisory panel members might be asked to review and comment on a paper that addresses an item development issue. 7. All advice shall be rendered directly to the Page 6 of 128 RFP-97-012 contractor which shall be solely responsible for its use. In addition to the contractor's advisory panel, the contractor may be required to convene other review panels from time to time. For example, practitioners who are subject area specialists may be needed to review drafts of the assessment battery, or consider different approaches for administering the test to special populations (e.g., children with disabilities and Limited English Proficient (LEP) children). Deliverables: Minutes of panel meetings Transcripts of public meetings 1.8 Design Pilot and Field Tests The contractor shall conduct both pilot and field tests of all items developed for the NTM/NTR. The purpose of the pilot test is to try out items. The sample shall be a large purposeful sample. The contractor shall sample a reasonable number of schools from geographic regions of the country and different scio economics and ethnic populations, students with disabilities and LEP should be included. The field test shall try out all the test booklets that were revised after the pilot test. The purpose of the field test is to try out test forms using nationally representative samples of fourth grade students for the NTR and eighth grade students for the NTM. The field test shall serve as a dress rehearsal of all operational procedures, and a statistical review of the performance of items on the NTR/NTM in preparation for the subsequent operational administration of the NTR/NTM. The field test will also identify problems and difficulties so that corrective measures can be devised and potential problems averted prior to licensing the NTR/NTM to users. The contractor shall ensure that the conditions during the field test are as similar as possible to those anticipated during the actual test. The contractor(s) shall create parallel field test forms from the bank of piloted items. The field test shall be designed to provide sufficient data to accomplish the following: 1) equate test forms, 2) provide national norms, and 3) provide necessary data to the contractor responsible for linking the NTR to the 4th grade NAEP reading assessment and the NTM to the 8th grade NAEP mathematics assessment and TIMSS. The contractor(s)ž design shall also, to the extent possible, include analyses of differential item functioning (DIF) for the following groups: gender, ethnicity, SES, Title I status, students with disabilities, and LEP (see optional Task #1).The contractor(s) shall be responsible for proposing the size of the sample and number of field-test forms. Page 7 of 128 RFP-97-012 Three weeks after contract start date, the contractor(s) shall submit a designs to the COTR for the pilot and field test. Deliverable: Pilot and field test designs 1.9 Draft OMB Clearance Package The contractor(s) shall prepare a forms clearance package for obtaining both IMT (Information Management Team of the Department of Education) and OMB (Office of Management and Budget) approval of the NTR/NTM pilot and field tests. The final draft package shall be submitted to the OERI COTR no later than the fourth week after contract award. In preparing the clearance package, the contractor(s) shall follow instructions for completing Standard Form 83-I and writing the supporting statement required for Paperwork Reduction Act submissions. In the forms clearance package, all personally identifiable data (e.g., gender, ethnicity) needed to conduct differential item functioning (DIF) and other item analyses shall be specified in the package. It is not necessary that the cognitive questions be submitted to IMT/OMB. Following ED review of the draft package, the contractor(s) shall revise the package incorporating ED's suggestions and resubmit the package to the COTR for final ED approval. Following approval, the contractor(s) shall provide the OERI COTR with 10 copies of the Clearance Package. OERI will submit the package to IMT/OMB. Deliverable: OMB draft clearance package TASK 2 - Develop 1999 Items The contractor(s) shall develop enough test items to create, at a minimum, the following six equated test forms to be ready for the 1999 NTR/NTM operational administration: 1. operational form 2. sample form (for first year only, thereafter the previous yearžs operational form will be released as a sample) 3. back-up form (in case of security breach) 4. research and development form (e.g., to be used if states and/or testing companies wish to link their tests to the NTM/NTR) 5. following yearžs operational form 6. following yearžs back-up form It is anticipated that each operational test form will Page 8 of 128 RFP-97-012 include approximately 80 % multiple choice items and 20% short answer items, including 1 extended response item. The contractor(s) shall also pilot and field test to develop a supplemental form consisting entirely of performance-based, constructed response items to be available in 1999 along with scoring rubrics, and to be used as an option at each participating school. Such performance booklets may consist of "hands-on" activities. The contractor shall provide the required performance assessment equipment to participating schools. A new form of this supplemental set of performance shall be produced each year; however, it is not necessary that the supplemental forms be equated from year to year. The contractor(s) shall on produce items in excess of those needed to create the minimum number of forms required for the 1999 administration, to be stored in the item bank and used for future test forms. 2.1 Write Test Items The contractor(s) shall develop test items according to the test and item specifications that are provided to the contractor(s) at contract start. The constructed response items developed for the NTR/NTM shall be written so that scoring can be quickly performed, and automated, where feasible. It is envisioned that scoring and reporting for the operational tests will be completed within four to six weeks after test administration. All items, whether selected from existing banks or developed for this purpose, shall be subject to review by the advisory panels. The contractor(s) shall be responsible for developing and maintaining test items in electronic and hard copy item banks for development of test forms. Items shall be developed for inclusion in the item test bank to ensure that all important ranges of the score scales are represented by a sufficient number of items to ensure reliable scores at the cut points. The item bank shall be refreshed via pilot testing and field testing such that the required additional forms per year of each test may be drawn from the bank. All test booklets that are developed shall meet the test specifications. The contractor(s) shall ensure that constructed- response items are non-intrusive in nature and elicit no personal information of a biographical, religious, political, or affective nature. If copyrighted materials are used for the NTR/NTM, the contractor shall have the responsibility for obtaining appropriate releases to use or adapt the material for this project. The contractor(s) shall convene the subject-specific advisory panel(s) to review test items to ensure that each item: (a) is an appropriate measure of reading Page 9 of 128 RFP-97-012 literacy/mathematics; (b) meets all the criteria required by the item specifications; and (c) has only one correct or best answer for each objectively-scored item. 2.2Conduct Cognitive Labs Items developed for the purpose of constructing the NTR/NTM shall be evaluated through pilot testing. The contractor(s) shall conduct think-aloud Cognitive Labs on items prior to the pilot test, to determine whether the items behave as predicted with students. Deliverable: Report of cognitive labs 2.3Develop Scoring Criteria The contractor(s) shall refine and update the criteria submitted with their proposal for the scoring criteria for the constructed-response items. The contractor(s) shall submit to the COTR a report on rubric development for review and approval. Deliverable: Scoring rubric development report 2.4Develop Appropriate Accommodations for Students with Disabilities and Limited English Proficiency The contractor(s) shall instruct schools to include all students with disabilities with appropriate accommodations, as specified in their Individual Education Plans (IEPs) or other individualized accommodations provided oursuant to Section (section 504) of the Rehabilitation Act or the Americans with Disabilities Act (ADA), unless their IEP or severe cognitive disabilities exclude them from standardized or group testing. The contractor(s) shall ensure that the pilot test administrators provide appropriate accommodations to students with disabilities taking the pilot test, including, for example, sign language, interpreters if there are any oral instructions, extended time, and one-on-one testing. The contractor(s) shall also be responsible for training test administrators to appropriately serve such students. The test items and the test as a whole are to accurately reflect what they are intended to measure rather than reflecting the studentžs disability. LEP students receiving academic instruction in English for three years or more are to be included in the NTR/NTM assessment pilot test. Those LEP students receiving instruction in English for less than three years are to be included unless school staff judge them as being incapable Page 10 of 128 RFP-97-012 of participating in the assessment in English. However, Spanish-speaking LEP students shall be included in the NTM. 2.5Prepare Informational Materials for Education Agencies The contractor(s) shall create informational materials to inform State agencies, school districts, and schools about the NTR/NTM pilot test and invite them to participate. The contractor(s) shall design a NTR/NTM logo to appear on the cover of these materials. The packets shall include a discussion of the importance and purposes of the pilot test, logistical information, and the benefits to be derived from participating. The contractor shall submit a draft to the COTR for a two week review period. The contractor shall revise the package and resubmit in final form for ED approval. The contractor(s) shall submit camera ready and electronic copy of the informational materials to the COTR and U.S. Government Printing Office (GPO), allowing sufficient time to invite participants, as described above. Deliverable: Informational materials 2.6 Establish School Participation The contractor(s) shall recruit and identify state and local test coordinators who will coordinate school participation in the pilot test. The contractor(s) shall share information with coordinators and request permission to conduct the pilot test in their schools. When the entire sample has been identified, the contractor(s) shall submit a letter to the COTR summarizing the sample which was drawn and indicating successful completion of the task. Deliverable: Summary of pilot test sample 2.7 Provide Information for Students/Parents If district or school policies require, the contractor(s) shall provide sampled students with information about the NTR/NTM pilot test before asking them to participate. If district or school policies dictate, the contractor(s) shall send parents of sampled students a letter about the purpose of the study and the voluntary nature of their child's participation. The contractor(s) shall work with the school administrator to ensure that steps are taken to communicate this information effectively to parents who are disabled or do not speak English. 2.8 Pilot Test Booklets The contractor(s) shall prepare a sufficient number of Page 11 of 128 RFP-97-012 NTR/NTM pilot test forms to ensure the creation of the necessary number of equated test forms for the 1999 operational year. The pilot test booklets shall be consumable booklets. The contractor(s) shall be submit camera ready and electronic copy of the test booklets, along with printing specifications to the COTR and the U.S. Government Printing Office (GPO). Deliverables: Pilot test booklets 2.9 Administration Procedures and Training - Pilot Test The contractor(s) shall develop a manual for test administrators that outlines pilot test procedures and materials. Test administration procedures shall be clearly delineated and shall promote consistency of action by test administrators as they administer the test. Procedures shall be as similar as possible to those anticipated for the operational test. The contractor(s) shall train teachers whose classes are selected to participate in the pilot test in skills needed to administer the NTR/NTM in a standardized manner. The contractor(s) shall prepare training materials, arrange training sessions, and train individuals who are to distribute instruments to the schools. The contractor shall submit a draft to the COTR for a two week review period. The contractor shall revise the package and resubmit in final form for ED approval. The administrator manual shall be provided to the COTR and GPO in camera ready and electronic copy. The contractor(s) will be responsible for delivering the test booklets to users. The contractor(s) shall ensure that the pilot test administrators provide appropriate accommodations to students with disabilities taking the test, including, for example, sign language interpreters if there are any oral instructions, extended time, and one-on-one testing. The contractor(s) shall instruct schools to include all students with disabilities with appropriate accommodations, unless their IEP or severe cognitive disabilities exclude them from standardized or group testing. The contractor shall train test administrators to appropriately serve such students. Deliverables:Training plans Camera ready and electronic copies of manual for test administrators 2.10 Implement Receipt Control System The contractor(s) shall refine procedures for check-in and screening of materials, which were submitted with its proposal, referred to here as receipt control, to assure Page 12 of 128 RFP-97-012 that the designated samples of students are properly surveyed and that all required materials are completed and returned. This shall include provision for follow-up to correct materials found to be defective. Prior to the start of data collection, the contractor(s) shall develop a computer-based receipt control system to monitor the flow of data collection activities from individuals and from educational institutions. The data in the receipt control system shall be sufficient to allow project staff to determine the progress of the data collection process, provide status reports on fail-edits, and the progress of follow-up data collection, and to locate any particular instrument to determine its status. The contractor(s) shall submit the revised control system specifications plan and certify its implementation 2 weeks before the beginning of distribution of pilot test materials. The contractor(s) shall submit a summary report with cumulative statistics on response rates and follow-up actions. Deliverable: Receipt of revised control system plan Receipt of materials summary report 2.11 Conduct Pilot Test The contractor(s) shall conduct the pilot test in January 1998 for the 1999 operational NTR/NTM. The contractor(s) shall provide a means for monitoring pilot test administrators, school administrators, or respondents to obtain timely assistance concerning data collection problems or problems in completing test booklets. The contractor(s) shall document and report to the COTR recurring problems and methods of coping with them. 2.12 Evaluate and Revise Test Items The contractor(s) shall conduct item analyses to identify those test items with the best psychometric properties. The contractor(s) shall produce, (a) difficulty estimates (and fit statistics, p-values, and point biserial correlation coefficients) for each item in the pilot tests; and (b) alpha reliability estimates for each pilot-test form. The contractor shall then revise the test items for the field test. 2.13 Write Pilot Test Report The contractor(s) shall provide ED with a summary of the pilot test consisting of the sections outlined in Task 4.10 of this statement of work. Four copies shall be provided to the COTR, and one copy to the CO, within four weeks of the end of data collection. Deliverable: Pilot test report Page 13 of 128 RFP-97-012 TASK 3 - 1999 Field Test Preparation The purpose of the field test is to conduct a dress rehearsal of all operational procedures, and a statistical review of the performance of items on the NTR/NTM in preparation for the subsequent operational administration of the NTR/NTM. The field test will also identify problems and difficulties so that corrective measures can be devised and potential problems averted prior to licensing the NTR/NTM to users. The field test shall use all the test booklets that were revised after the pilot test. The field test data shall also be used to: 1) equate test forms, 2) provide national norms, and 3) provide necessary data to the contractor responsible for linking the NTR to the 4th grade NAEP reading assessment and the NTM to the 8th grade NAEP mathematics assessment and TIMSS. The NTR/NTM contractor(s) shall coordinate field test efforts with the linking contractor who is charged with linking the NTR/NTM assessments with NAEP. Because of the criticality of the linking, plans and logistics regarding linking shall be developed jointly. School sampling shall be coordinated in order to eliminate the possibility that the same schools are not being sampled by more than one national test contractor for field testing unless explicitly needed for linking purposes. 3.1 Finalize Field Test Design The contractor(s) shall make any minor necessary revisions to the earlier field test design and sampling plan (see Task 1.8) and submit a final field test design, including sampling plan and number of field test forms, to the COTR by February 1, 1998. Deliverable: Final field test design reports 3.2 Prepare Informational Materials for Education Agencies The contractor(s) shall revise informational materials used in the pilot test phase, to inform state agencies, school districts, and schools about the NTR/NTM field test, and invite them to participate. The packets shall include a discussion of the importance and purposes of the field test, logistical information, and the benefits to be derived from having all students participate. The contractor shall submit a draft to the COTR for a two week review period. The contractor shall revise the package and resubmit to the COTR in final form for ED approval. Page 14 of 128 RFP-97-012 The contractor(s) shall submit camera ready and electronic copy of the informational materials to the COTR and U.S. Government Printing Office (GPO), allowing sufficient time to invite participants. Deliverable: Informational materials 3.3 Establish School Participation The contractor(s) shall recruit and identify state and local test coordinators who will coordinate school participation in the field test. The contractor(s) shall share information with coordinators and request permission to conduct the field test in their schools. Once the entire sample has been identified, the contractor(s) shall submit a letter to the COTR summarizing the sample which was drawn and indicating successful completion of the task. Deliverable: Summary of field test sample 3.4 Information for Participants If district or school policies require, the contractor(s) shall provide sampled students with information about the NTR/NTM field test before asking them to participate. If district or school policies dictate, the contractor(s) shall send parents of sampled students a letter about the purpose of the study and the voluntary nature of their child's participation. The contractor(s) shall work with the school administrator to ensure that steps are taken to communicate this information effectively to parents who do not speak English or are disabled. 3.5 Appropriate Test Accommodations for Students with Disabilities and Limited English Proficiency The contractor(s) shall instruct schools to include all students with disabilities with appropriate accommodations, as specified in their Individual Education Plans (IEPs) or other individualized plans, unless their IEP or severe cognitive disabilities exclude them from standardized or group testing. The contractor(s) shall ensure that the field test administrators provide appropriate accommodations to students with disabilities taking the field test, including, for example, sign language interpreters if there are any oral instructions, extended time, and one-on-one testing. The contractor shall also be required to train test administrators to appropriately serve such students. Page 15 of 128 RFP-97-012 LEP students receiving academic instruction in English for three years or more are to be included in the NTR/NTM assessment field test. Those LEP students receiving instruction in English for less than three years are to be included unless school staff judge them as being incapable of participating in the assessment in English. However, Spanish-speaking LEP students shall be included in the NTM. The contractor(s) shall develop Braille and large print versions of the NTR/NTM for the field test and operational test. The NTM contractor shall also develop an English audio cassette and a bilingual Spanish/English version of the NTM. The contractor(s) also shall design or select test items and responses that are accessible and/or can be put into accessible formats. The intent is to develop tests which are suitable for assessing all students, including students with disabilities and limited English proficiency. (see contract clauses). The contractor(s) shall develop research plans (see Task 15) to study the impact of the proposed accommodations on the validity of the tests and to determine if/when it is necessary to mark student scores resulting from nonstandardized NTR/NTM administrations. Deliverables:Braille version (both NTR and NTM) Large print version (both NTR and NTM) Audio cassette English version (NTM only) Bilingual Spanish/English version (NTM only) 3.6 Field Test Booklets The contractor(s) shall prepare a sufficient number of NTR/NTM field test forms to ensure the creation of the necessary number of equated test forms for the 1999 operational year (See Introduction to Task 2). The contractor(s) shall include enough items in the test form(s) to reach a level of reliability that is appropriate for individualized scores. Completed assessment forms will contain multiple choice, short answer, and extended- response-type items. The field test booklets shall be consumable booklets. The contractor(s) shall submit camera ready and electronic copy of the test booklets, along with printing specifications to the COTR and the U.S. Government Printing Office (GPO). Deliverable: Field test booklets 3.7 Administration Procedures and Training The contractor(s) shall revise the manual for test Page 16 of 128 RFP-97-012 administrators, developed for the pilot test (Task 2.9), that outlines field test procedures and materials. Test administration procedures shall be clearly delineated and shall promote consistency of action by test administrators as they administer the test. Procedures shall be as similar as possible to those anticipated for the operational test. The contractor shall submit a draft to the COTR for a two week review period. The contractor shall revise the package and resubmit in final form. The contractor(s) shall train teachers whose classes are selected to participate in the field test in skills needed to administer the NTR/NTM in a standardized manner. The contractor(s) shall prepare training materials, arrange training sessions, and train individuals who are to distribute instruments to the schools. The contractor(s) shall provide the COTR and GPO with camera ready and electronic copies of the test administrator manual. Deliverables:Manual for test administrators Training plans 3.8 Implement Receipt Control System The contractor(s) shall revise the procedures for check-in and screening of materials used in the pilot test (Task 2.10), referred to here as receipt control, to assure that the designated samples of students are properly surveyed and that all required materials are completed and returned. This shall include provision for follow-up to correct materials found to be defective. Prior to the start of data collection, the contractor(s) shall revise the computer-based receipt control system used in the pilot test (Task 2.10), to monitor the flow of data collection activities from individuals and from educational institutions. The control system data files shall contain the identification numbers of schools in the field test and other data necessary for evaluating the field test. These files shall not contain data from the actual survey instruments or names and addresses of students, teachers, or schools. The control system shall be designed to provide status reports by school and teacher as well as by student. The data in the receipt control system shall be sufficient to allow project staff to determine the progress of the data collection process, provide status reports on fail-edits, and the progress of follow-up data collection, and to locate any particular instrument to determine its status. The contractor(s) shall submit the receipt control system specifications plan and certify its implementation 2 weeks before the beginning of distribution of field test materials. The contractor(s) shall submit a summary report with cumulative statistics on response rates and follow-up Page 17 of 128 RFP-97-012 actions. Deliverable: Revised receipt control system plan Receipt of materials summary report TASK 4 - Conduct 1999 Field Test Operations 4.1 Administer Field Test The contractor(s) shall conduct the field test in March 1998 for the 1999 operational NTR/NTM. The contractor(s) shall provide a means for monitoring field test administrators, school administrators, or respondents to obtain timely assistance concerning data collection problems or problems in completing test booklets. The contractor(s) shall document and report to the COTR recurring problems and methods of coping with them. 4.2 Establish Reporting Plans and Metric The contractor shall refine plans, which were submitted with its proposal for NTR/NTM test-takers and their publics (e.g., parents, teachers), to receive performance feedback in a metric that is easily understood (e.g., domain score or percent correct score), in addition to a predicted NAEP reading or mathematics score, and in the case of mathematics, TIMSS score. The contractor(s) shall conduct focus groups with parents to determine the best metric and NTR/NTM report format for this purpose and report focus group results to the OERI COTR. Based on findings from the focus groups and other public forums, the contractor(s) shall create guidelines for reporting of the operational test (see Task 5.4). In order to ensure that field test conditions are comparable to those anticipated during operational testing, the contractor(s) shall provide students with feedback on field test performance so that student motivation shall more closely approximate that of students who are administered the operational test. The contractor(s) shall propose a plan for an appropriate level of reporting of field test results, and procedures for guaranteeing that the field test shall be as similar as possible to the testing and reporting conditions that are expected in the 1999 operational administration. Deliverable: Parents focus group report Field test reporting plan 4.3 Score Field Test Booklets The contractor(s) shall establish and document rigorous procedures to guarantee high reliability of scoring of the constructed response items.. Page 18 of 128 RFP-97-012 The contractor(s) shall refine the plan which was submitted with its proposal, for training personnel to score the constructed response items to achieve a high and acceptable level of inter-rater reliability. When sufficient reliability has been attained, the contractor(s) shall document item-by-item and overall levels of inter-rater reliability. The contractor(s) shall measure inter-rater reliability frequently during the scoring process. The inter-rater reliability of the actual scoring process shall be documented in the field test report (see Task 4.7). The contractor(s) shall maintain the records and results of the data scoring and follow-up actions and make them available for OERI COTR inspection. These records shall include summary statistics by instrument on the volume of work completed. All data processing procedures shall be clearly documented, and a summary of this documentation shall become a part of the field test report. The field test booklets shall be scored within five weeks of data collection. 4.4 Safeguard Test Instruments and Records The contractor(s) shall refine security procedures which were submitted with its proposal and submit the revised security plan to the OERI COTR for review and approval. The contractor(s) shall provide facilities for ensuring the security of the completed and returned test assessment forms. The test booklets shall be stored for use in equating to later NTR/NTM test forms. Those test forms that will not be used may be destroyed. During data collection and storage, the contractor(s) shall certify the implementation and maintenance of security procedures to preclude unauthorized personnel from gaining access to data. Deliverable: Security plan 4.5 Prepare and Document Data Files The contractor(s) shall transform data into machine- readable, edited, efficiently organized data bases, maintaining and updating the computer software required to develop and maintain these data files, and generating and maintaining sufficient back-up files and restart capabilities to take care of all contingencies. The contractor(s) shall develop a system of statistical quality control. The contractor(s) shall maintain records of data entry and results of the quality control system and make these records available for inspection by the OERI COTR. Data files must not be released, overwritten, or otherwise destroyed. These files must be maintained with a Page 19 of 128 RFP-97-012 software system capable of easily linking them for analytic or other purposes while, at the same time, preserving the necessary confidentiality and security requirements. 4.6 Analyze Field Test Data In refining the field test data analysis plan which was submitted with their proposal, the contractor(s) shall ensure that tests are consistent with Standards for Educational and Psychological Testing (APA, AERA, NCME). The plan shall be submitted to the COTR by February 1, 1998. The analysis plan shall include, at a minimum, item non- response, item formatting, and item difficulty for the NTR/NTM assessments, in order to isolate items in need of revision or improvement. The contractor(s) shall produce item and test analysis, including, but not limited to, (a) difficulty estimates (and fit statistics, p-values, and point biserial correlation coefficients) for each item in the field test; (b) distributions and alpha reliability estimates for each field-test form; and ž differential item functioning (DIF) statistics. Item Response Theory (IRT) shall be the basis for analyses related to differential item functioning, scaling and equating for both dichotomous and nondichotomous items, using at least a 2-parameter model for the constructed response items and a 3-parameter model for the dichotomous items. Deliverables: Field test data analysis plans 4.7 Coordinate with Linking Contractor One of the purposes for the field test is to provide data for the linking contractor to link the year 1999 reading test booklet to the fourth grade NAEP reading assessment, or the eight grade mathematics test with the NAEP and TIMSS 8th grade mathematics assessment. The contractor(s) shall provide a nationally representative sample along with sampling weights to the linking contractor. The same students in the field test will be administered NAEP by the NAEP data collections grantee during the January-March time frame. The contractor shall provide the linking contractor with the individual scores from the field test of the booklet identified as the 1999 operational test, along with linking codes to match with their NAEP data. Deliverable: Field test data to linking contractor 4.8 Equate Test Forms Based on field test data, the 1999 operational test booklet shall be equated with the following year's test booklet. Since the test booklet for the following year will Page 20 of 128 RFP-97-012 likely not have been identified, all test booklets being field tested shall be administered randomly to the students in the field test sample. The contractor(s) shall refine the plan which was submitted in its proposal, for building the necessary links for equating from year to year, and develop a system for checking on scale drift. The contractor(s) shall provide the OERI COTR with a hard copy of analyses. Deliverable: Equating plan Equating results 4.9 Write Field Test Report The contractor(s) shall prepare a summary of the field test for review by ED. The field test report shall consist of a minimum of 7 sections: 1. Description of the NTR/NTM field test 2. Operations report (e.g., procedures for sampling, data collection, data processing, scoring, data analysis) 3. Results of data analyses (tables specified in the data analysis plan, including item and DIF analyses) 4. Descriptive information about the field test sample (e.g., exclusion rates for LEP students, and students with disabilities, by type of disability, if possible) 5. Problems encountered in the field test and plans for revision and improvement 6. Recommendations for selection of operational test booklet 7. Recommendation for revising other booklets for next year=s field test Four copies of the full field test report shall be submitted to the COTR within twelve weeks after completion of scoring, and one copy to the CO. Deliverable:Field test report TASK 5 - 1999 Final Operations 5.1Informational Pamphlet for Education Agencies The contractor(s) shall revise the informational pamphlet about the NTR/NTM utilized in the field test (Task 3.2) . The informational pamphlet shall inform state Page 21 of 128 RFP-97-012 agencies, school districts, and schools about the NTR/NTM and invite them to participate. The pamphlet shall include a discussion of the importance and purposes of the test, logistical information, and the benefits to be derived from participating. The contractor shall submit a draft to the COTR for a four week review period, and then the contractor shall revise the pamphlet. The contractor(s) shall provide the COTR and licensing contractor with camera ready and electronic copies of the informational pamphlet in August 1998. Deliverable:Informational pamphlet 5.2 Prepare for Printing of Sample Test The contractor(s) shall provide the COTR and licensing contractor with camera ready and electronic copies of the sample NTR/NTM by August 1998. Deliverable:Sample test 5.3 Prepare for Printing and Distribution of Operational Test Booklets The NTR/NTM test booklets shall be designed as consumable booklets. The contractor(s) shall provide the COTR and licensing contractor with camera ready and electronic copies of all test booklets for the operational test by January 1, 1999. This shall include camera ready and electronic copy of the following forms: 1) operational, 2) back-up, 3) research, and 4) supplemental performance items with accompanying scoring rubrics. Additionally the contractor shall provide the COTR and the licensing contractor with Braille, large print and bilingual version. The contractor(s) shall refine the plan set forth in the proposal, for developing specifications for printing, securing handling, and distribution of the test booklets to test users and provide those specifications to the COTR and licensing contractor. Deliverable:Test booklets Specifications for printing, secure handling and distribution of test booklets 5.4Develop Training Manual for Test Administrators The contractor(s) shall refine the training manual for test administrators, covering in detail proper test administration and security procedures that was used for the field test (Task 3.7). The contractor shall submit a draft to the COTR for a two week review period. The contractor Page 22 of 128 RFP-97-012 shall revise the package and resubmit it in final form. The contractor(s) shall submit the training manual to the COTR and licensing contractor in camera ready and electronic copy. Deliverables: Training manual for test administrators 5.5 Develop Training Process for Scorers The contractor(s) shall develop a scoring process for large scale use by licensed scoring centers. This will include specifications for scoring the machine-scorable sections of the NTR/NTM, as well as documentation of rigorous procedures to guarantee high reliability and efficiency of scoring the constructed response items. For the constructed response items, the contractor(s) shall develop training guides, scoring rubrics and sample item responses to calibrate scoring. The contractor shall submit a draft to the COTR for a two week review period. The contractor shall revise the package and resubmit in final form. The contractor(s) shall provide the scoring guidelines, scorer training guide and accompanying materials to the COTR and licensing contractor in camera ready and electronic copy by January 1, 1999. Deliverable: Scoring guidelines Scorer training guide Scoring rubrics and calibration test papers 5.6 Develop Test Reporting Guidelines The contractor(s) shall develop guidelines for reporting the NTR/NTM results, to be used by licensed reporting entities. The guidelines shall be developed based on the parent focus groups (see Task 4.2) and other public forums. The guidelines will include, for example, an explanation of the reporting metric, how to report and interpret the predicted NAEP reading or mathematics score, and recommendations for other information that might be reported. The contractor shall submit a draft to the COTR for a four week review period. The contractor shall revise the package and resubmit in final form. The reporting guidelines shall be provided to the COTR and licensing contractor in camera ready and electronic copies. Deliverable: Test reporting guidelines 5.7Develop Test Utilization Guidelines The contractor(s) shall develop NTR/NTM use guidelines that specify appropriate uses and interpretations of test results. These guidelines shall be developed via consensus process and in accordance with the most recent version of Standards for Educational and Psychological Testing (APA, AERA, NCME). The contractor(s) shall call upon the subject- Page 23 of 128 RFP-97-012 specific advisory panel and specialist committees to assist in the development and review of these test utilization guidelines which are targeted at the test user audience and which are to address appropriate educational uses of NTR/NTM scores. Based on research conducted in Task 15, test use guidelines may be modified. The contractor shall submit a draft to the COTR for a four week review period. The contractor shall revise the package and resubmit in final form. The test utilization guide shall be submitted to the COTR in format which shall be converted to electronic format by the Department for posting on the World Wide Web. Deliverable: Test utilization guidelines 5.8 Develop Test Accommodations Guidelines The contractor(s) shall develop NTR/NTM guidelines for providing appropriate accommodations to students with disabilities taking the test. These guidelines shall be developed via the consensus process. Schools shall be instructed to include all students with disabilities with appropriate accommodations as specified in their IEP or other individualized accommodations provided pursuant to Section 504 or the ADA, unless their IEP or severe cognitive disabilities exclude them from standardized or group testing. The contractor shall also train test administrators to appropriately serve such students. The contractor shall submit a draft to the COTR for a four week review period. The contractor shall revise the package and resubmit in final form. Camera ready and electronic copies of the guidelines shall be provided to the COTR and licensing contractor. Deliverable: Test accommodation guidelines TASK 6- 2000 Item Development The tasks associated with the year 2000 NTR/NTM cycle are replicative of the 1999 cycle. Hence, the contractor(s) shall follow the previously described and prescribed set of tasks associated with each phase of the NTR/NTM development and administration cycle, making technical and practicable revisions and adjustments as required. The contractor(s) shall generate new items, revise items, conduct pilot tests, and create a series of new test forms in accordance with those methods and procedures that were prescribed previously under Task 2 (Item Development) in this RFP. TASK 7 - 2000 Field Test Preparations The tasks associated with the year 2000 NTR/NTM cycle are replicative. Hence, the contractor(s) shall follow the previously described and prescribed set of tasks associated with each phase of the NTR/NTM development and administration cycle, making technical and practicable revisions and adjustments as required. Under this field Page 24 of 128 RFP-97-012 test phase, the contractor(s) shall revise the informational materials, prepare field test booklets, select school sample, solicit school participation, conduct test administrator training, and, account for and conduct receipt control in accordance with those methods and procedures that were prescribed previously under TASK 3 (1999 Field Test Preparations) in this RFP. TASK 8 - 2000 Field Test Operations The tasks associated with the year 2000 NTR/NTM cycle are replicative. Hence, the contractor(s) shall follow the previously described and prescribed set of tasks associated with each phase of the NTR/NTM development and administration cycle, making technical and practicable revisions and adjustments as required. Under this field test phase, the contractor(s) shall conduct the field test, train scorers, score test items, store and protect completed instruments and records, enter cognitive data and perform quality control, prepare and document data files, analyze field test data, coordinate with the linking contractor, and write the field test report in accordance with those methods and procedures that were prescribed previously under TASK 4 (Conduct 1999 Field Test Operations) in this RFP. TASK 9 - 2000 Final Operations The tasks associated with the year 2000 NTR/NTM cycle are replicative. Hence, the contractor(s) shall follow the previously described and prescribed set of tasks associated with each phase of the development and administration cycle, making technical and practicable revisions and adjustments as required. Under this operational test phase, the contractor (s) shall prepare for the printing of final test booklet(s); develop (revise) training manual; develop (revise) scoring and NTR/NTM utilization guide(s) in accordance with those methods and procedures prescribed previously under TASK 5 (Final Operations) in this RFP. In all the following years the task requirements shall be repeated. Corresponding deliverables will be repeated. TASK 10 - 2001 Item Development TASK 11 - 2001 Field Test Preparations TASK 12 - 2001 Field Test Operations TASK 13 - 2001 Final Operations TASK 14 - Provide Research and Validation Support A. The contractor(s) shall conduct ongoing research into the reliability, validity, and accessability, of the national test. The highest priority, and therefore first major research issues to be addressed shall be: Page 25 of 128 RFP-97-012 (1)Comparability of tests administered under non-standard conditions; i.e., the impact of testing accommodations (e.g., Braille, large print, extra time, one-on-one testing) on the validity of the test scores. This research is to include looking at the feasibility and impact on validity of native language glossaries for the mathematics test (for non-English and non-Spanish test takers). (2)Validity of the NTM/NTR for various uses, such as performance in later grades, reading ability in other subjects, promotion, Title I evaluation, etc. Recognizing that validity is a test user issue, this research will be used to create the guidelines for test use. The contractor(s) shall provide as much information in advance of the first operational test in 1999, so that the findings can be utilized for the first full-scale test administration. B. Study topics that have already been identified include the following, and others may arise during the performance of the contract: (1)Adaptive paper and pencil test booklets for use with a short routing test C the test booklets would be tailored to different levels of ability in order to reduce boredom and motivation problems due to a mismatch of test difficulty and examinee ability; (2)Application of computerized adaptive testing methods to the administration of the national test; (3)Identification of scale drift due to imperfect equating of test booklets over time; and, (4)Optimal motivation of students during test administration. The contractor shall write reports upon completion of each of the above named topic study. The contractor shall complete two studies/reports per yea which will be due in final form on September 30th of each year.. Deliverables: Research study reports TASK 15 - Coordinate with Evaluation Contractor In 1998, ED will award a contract to evaluate the various activities of the National Tests in Reading and Mathematics. The contractor(s) shall coordinate activities with the project evaluation contractor. The development contractor(s) shall provide the evaluation contractor with the necessary information to carry out the relevant components of the evaluation tasks. The ED Contracting Officer will provide the contractor(s) with the name(s) and Page 26 of 128 RFP-97-012 address(s) of the evaluation contractor(s) when available. Key Personnel The Government considers the assignment and continual commitment of certain personnel to be key to the success of this contract. Project Director The project director is critical to the study because this person sets the study's tone and direction. This individual must have at least 5 years experience working on large-scale testing programs, and have a high level of expertise in designing, conducting, and managing large- scale assessments. This person must be knowledgeable in the subject matter area (reading for NTR, and mathematics for NTM). The project director shall have management experience and skills. The project director must be able to organize, oversee, manage, and control the quality of staff performance on many tasks simultaneously. The project director must be a good leader: strong; confident; and capable of not only inspiring project staff to perform productively as team members, but of taking whatever corrective action is required to insure quality performance. The project director is expected to be a problem solver and a good communicator. The project director should be capable of identifying problems early or anticipating them before they occur. The project director should have these traits and a demonstrated ability to meet deadlines, to produce qualitatively sound products within budget, and to keep the OERI COTR informed of and involved in major decisions or events that are likely to affect the project's performance and products. . The Government requires a Project Director at a minimum of 80% time. Chief Sampling Statistician The qualifications for the chief sampling statistician are a Ph.D. in psychometrics or statistics, and five or more years experience working on a large-scale testing program. This individual is to have a high level of expertise to perform the statistical tasks described in this RFP, including sampling, item analyses, scaling and equating. This individual is to have a strong background and experience in Item Response Theory. Assistant Project Director The qualifications for the assistant project director for test development are possess a Ph.D. in educational Page 27 of 128 RFP-97-012 assessment or psychometrics, and three or more years working on a large-scale testing program. Content Specialist (reading for NTR, mathematics for NTM) The qualifications for content specialist are a Ph.D. or a M.S. with 5 years of experience in the related content area (reading/English, etc. for the NTR, and mathematics or related area for the NTM). The content specialist should also possess five or more years experience supporting the development of educational assessments. Director of Data Collection The qualifications for the director of data collection are five or more years experience managing large-scale, national assessment data collection efforts. Other Staff Members The other project personnel should also be persons who can make a long-range commitment to the study. Their compe- tencies should complement those of the project director. They should be people with demonstrated ability to meet deadlines and to produce high quality products. They must have expertise which matches their assigned responsibilities on the project. Key project staff include the project director, associate project directors, the chief sampling statistician, content area specialist and the task leader for data collection. Any changes or substitutions of these key personnel requires advance approval by the Contracting Officer in accordance with contract clauses. Page 28 of 128 RFP-97-012 SECTION D - PACKAGING AND MARKING D.1 PACKING (ED 303-4) (MAR 1986) Preservation, packing and packaging of items for shipment shall be in accordance with commercial practice and adequate for acceptance by common carrier for safe transportation at the most economical rates. Page 29 of 128 RFP-97-012 SECTION E - INSPECTION AND ACCEPTANCE E.1 INSPECTION AND ACCEPTANCE (ED 304-1) (FEB 1985) Pursuant to the inspection clause in Part II, Section I, final inspection and acceptance of all contracted items shall be made by the Contracting Officer. U.S. Department of Education Contracts and Purchasing Operations 7th & D Streets, S.W. ROB-3, Group D, Rom 36l6 Washington, DC 20202-4447 Page 30 of 128 RFP-97-012 SECTION F - DELIVERIES OR PERFORMANCE F.1 PERIOD OF PERFORMANCE (ED 305-5) (MARCH 1986) Performance hereunder shall be completed within 60 months of the date of contract award, inclusive of all specified deliveries and/or task work. F.2 DELIVERABLES (ED 305-6) (MARCH 1986) All deliverables shall be submitted to the designated Department of Education Contracting Officer. This shall be done according to the kinds, quantities and dates indicated in the attached Statement of Work. F.3 REPORT OF CONSULTANTS (ED 305-2) (MAR 1986) The contractor must maintain a written report for the files on the results of all consultations charged to this contract. This report must include, as a minimum: (1) the consultant's name, dates, hours and amount charged to the contract, (2) the names of the contractor or subcontractor staff to whom the services are provided, and (3) the results of the subject matter of the consultations. F.4 MONTHLY EXPENDITURE REPORTS A summary of project expenditures shall be submitted each month. Project expenditures shall include: 1) a table summarizing monthly costs by task, budgeted cost for the month, actual costs for the month, the cumulated budgeted cost, the cumulative actual cost , the percentage of the contracted amount spent to date, the estimated cost to complete the contracted so that the difference between the total estimated cost and the contracted cost and 2) a manpower report that summarizes actual personnel assignments for staff for the month just completed and the hours charged by task. This personnel information shall be reported individually for key personnel and by labor category for other staff. The actual format chosen by the contractor for these reports will remain the same, after discussion the first month with the Contracting Officer and/or Contract Specialist. F.5 SCHEDULE OF CORE TASK DELIVERABLES AND MILESTONE Page 31 of 128 Page 32 of 128 RFP-97-012 Page 33 of 128 RFP-97-012 Page 34 of 128 RFP-97-012 Page 35 of 128 RFP-97-012 Page 36 of 128 RFP-97-012 SECTION G - CONTRACT ADMINISTRATION DATA G.1 CONTRACT ADMINISTRATOR (ED 306-8) (FEB 1985) The Contractor shall designate one individual to be contacted during the period of the contract for prompt contract administration. ______ ______ ______ ______ ______ ______ ______ G.2 ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY (ED 306-2) (JAN 1989) (A) The contractor shall request written authorization from the contracting officer before acquiring any contractually necessary property to which the Government will have title. The request shall include complete descriptions of all individual items which will exceed $1,000 in cost, including: (a) a brief statement of function; (b) manufacturer and manufacturer's brand name, model or part number; (c) vendor and its proposed price; (B) Management of government property in the possession of the contractor shall be in accordance with FAR Part 45. The contractor shall provide an annual report of total property acquisition cost, as required by FAR 45.505-14. G.3 INVOICE AND CONTRACT FINANCING REQUEST SUBMISSION (ED 306-1) (MAR 1988) (A) The Government agrees to pay the Contractor as complete compensation for all work and services performed and materials furnished under this contract those allowable costs defined in the contract clause entitled "ALLOWABLE COST AND PAYMENT" in an amount not to exceed the estimated costs specified in the contract. (B) The contractor shall submit the original and two (2) Page 37 of 128 RFP-97-012 copies of the invoices or contract financing requests to the Designated Billing Office. ______ ______ ______ ______ ______ ______ Note: Invoices or contract financing requests must be sent to the designated billing office indicated above. Invoices or contract financing requests should NOT be sent to the "Payment will be made by" office indicated on the face page of the contract (block 12 of SF26 or block 25 of SF33). (C) The Contractor shall prepare invoices and contract financing requests in accordance with the billing instructions attached hereto and made a part of this contract. G.4 PROVISIONAL AND NEGOTIATED FINAL OVERHEAD RATES (ED 306-9) (OCT 1993) (a) Pending the establishment of final indirect cost rates, as required by the clause entitled "Allowable Cost and Payment" FAR 52.216-7, the Contractor shall be reimbursed for its indirect costs on the basis of the negotiated provisional, or billing, rates as set forth below. Those rates shall remain in effect until the contract is modified to incorporated either negotiated final in-direct rates, as directed by either paragraph (d) or (f) of the same clause, as applicable, or revised provisional indirect cost rates, as explained in paragraph (e). (b) The provisional overhead rate applicable to this contract is ______% for _______________________________________________________ ______% for _______________________________________________________ ______% for _______________________________________________________ ______% for _______________________________________________________ G.5 GOVERNMENT-FURNISHED DATA (ED 306-10) (APR 1984) (A) The Government shall deliver to the Contractor the Government- furnished data described in the contract. If the data is not delivered on schedule, or is unsuitable for its intended use, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the "Changes" clause when: (1) The Contractor submits a timely written request for an equitable adjustment; and (2) The facts warrant an equitable adjustment. Page 38 of 128 RFP-97-012 (B) Title to Government-furnished data shall remain in the Government. (C) The Contractor shall use the Government-furnished data only in connection with this contract. (D) The data will be furnished to the Contractor as specified in the table below. (E) Other treatment and rights shall be in accordance with the incorporated general provision titled "Government Property". Test specifications within 5 working days after contract award (Task 1.1) Names of individuals on test specification panels (Task 1.7) at the intinal meeting with ED (Task 1.2) Names and addresses of other contractors involved with the National Test intiative - 5 days after award of the other contracts Page 39 of 128 RFP-97-012 SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 PAYMENT OF PRINTING TO BE PERFORMED BY THE GOVERNMENT PRINTING OFFICE (ED 307-8) (APR 1992) The General Provisions of this contract set forth the Department's policy regarding printing to be performed in order to meet the terms of the contract. Should the services of the Government Printing Office (GPO) be required, the contractor shall request to the Department of Education to requisition those, subject to the contractor's provision of a completed SF-1, Printing and Binding Requisition to the Public Printer. Payment to the GPO shall be made directly by the Department and charged to the Contract. H.2 COST ACCOUNTING STANDARDS APPLICATION (ED 307-11) (JUNE 1992) The contract clause entitled "Cost Accounting Standards" shall apply to any resulting contract, except as exempted under Section 9903.201-1(b) of 48 CFR (CAS) Chapter 99 or when the contract is eligible for modified coverage under Section 9903.201-2(b) of the same Regulation. The clause entitled "Disclosure and Consistency of Cost Accounting Practices" shall apply in the latter case. H.3 ORDER OF PRECEDENCE (SOLICITATION) (ED 307-1) (NOVEMBER 1986) Any inconsistency in this solicitation shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the work statement or specification), (b) representations and other instructions, (c) contract clauses (Section I) (d) any incorporated documents, exhibits, or attachments, excluding the work statement or specifications, and (e) work statement or specifications. H.4 DUAL COMPENSATION (ED 307-3) (MAR 1985) If a project staff member, subcontractor, or consultant is involved in two or more projects, at least one of which is supported by Federal funds, he/she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. That is, an individual is prohibited from receiving double payment for any Page 40 of 128 RFP-97-012 given period of work. H.5 PAYMENT OF TRAVEL EXPENSES AND FEES FOR ED EMPLOYEES (ED 307-5) (MAR 1985) The Contractor shall not use any contract funds, or funds from other sources, to pay the travel expenses of, or a fee to, ED employees for lectures, attending program functions, or any other activities in connection with this contract. H.6 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES (ED 301-20) (FEB 1995) The contractor shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 including Section 302, which provides that: "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation." Failure to comply with the Americans with Disabilities Act of 1990, as amended, shall be considered a failure to comply with the terms of this contract. H.7 REQUIRED SUBMISSION OF INFORMATION FOR PAYMENT BY ELECTRONIC FUNDS TRANSFER (ED 307-30) (SEP 1996) A. FAR clause 52.232-33, Mandatory Information of Electronic Funds Transfer Payments, requires that contractors submit to the payment office information needed for payment by EFT. 1. If the contractor is already enrolled in the Vendor Express program and is receiving payments from ED through EFT, the contractor shall notify the Contracting Officer of its Vendor Express number and enter it on all invoices submitted for payment under this contract. 2. If the contractor is already enrolled in the Vendor Express program and receiving payments through EFT but not from ED, the contractor shall send a copy of its original Vendor Express enrollment Proof Letter to: Bernice Byrd U.S. Department of Education Program Management & Reporting Unit 600 Independence Ave., SW, Room 3365 Washington, D.C. 20202 Page 41 of 128 RFP-97-012 Or fax to: (202) 40l-l624 (For confirmation of receipt call: (202) 40l-0995.) The contractor shall promptly notify the Contracting Officer that one copy of its Proof Letter has been sent to the address above. 3. If the contractor is not currently enrolled in Vendor Express, the contractor shall call the National Finance Center (NFC) Inquiry line at l-800-42l-0323, Miscellaneous Payments Section, or Lea Lang at 504-255-3327, to request a Vendor Express application package including enrollment form SF 388l with an assigned Vendor Express number indicated in block 8, Additional Information. The contractor must follow the NFC enrollment instructions and send the completed form back to: USDA/NFC P.O. Box 60,000 Tano Building New Orleans, LA 70l60 NFC will send a Prenotifiction Letter of enrollment to the contractor's financial institution indicated in the financial institution information blocks of the SF 388l. NFC will also send a "test" entry of payment for zero dollars to the financial institution requesting verification of the contractor's account information. The financial institution must return the completed Prenotification Letter with verification of the successful "test" entry to NFC within three work days. The contractor will receive a Proof Letter from NFC indicating that the account is now active and that NFC is now able to implement payments using Vendor Express. The contractor shall promptly send a copy of its Proof Letter to the address in paragraph 2 above and notify the Contracting Officer. B. Contractors can call NFC Inquiry at the 800 number in A.3. to confirm that their account has been properly activated to receive payments through EFT. Contractors who have already submitted the required SF 388l Enrollment form to NFC and have NOT received a Proof Letter, must call NFC Inquiry line to follow up on their enrollment status. H.8 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (FAR 52.232-33) (AUG 1996) (a) Method of payment. Payments by the Government under this contract, including invoice and contract financing payments, may be made by check or electronic funds transfer (EFT) at the option of the Government. If payment is made by EFT, the Government may, at Page 42 of 128 RFP-97-012 its option, also forward the associated payment information by electronic transfer. As used in this clause, the term "EFT" refers to the funds transfer and may also include the information transfer. (b) Mandatory submission of Contractor's EFT information. (l) The Contractor is required, as a condition to any payment under this contract, to provide the Government with the information required to make payment by EFT as described in paragraph (d) of this clause, unless the payment office determines that submission of the information is not required. However, until January l, 1999, in the event the Contractor certifies in writing to the payment office that the Contractor does not have an account with a financial institution or an authorized payment agent, payment shall be made by other than EFT. For any payments to be made after January l, 1999, the Contractor shall provide EFT information as described in paragraph (d) of this clause. (2) If the Contractor provides EFT information, applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the payment office. (c) Contractor's EFT information. Prior to submission of the first request for payment (whether for invoice or contract financing payment) under this contract, the Contractor shall provide the information required to make contract payment by EFT, as described in paragraph (d) of this clause, directly to the Government payment office named in this contract. If more than one payment office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the changed information to the designated payment office(s). (d) Required EFT information. The Government may make payment by EFT through either an Automated Clearing House (ACH) subject to the banking laws of the United States or the Federal Reserve Wire Transfer System at the Government's option. The Contractor shall provide the following information for both methods in a form acceptable to the designated payment office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). (l) The contract number to which this notice applies. (2) The Contractor's name and remittance address, as stated in the contract, and the contract number at the Contractor's financial agent. (3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information. (4) For ACH payments only: (i) Name, address, and 9-digit Routing Transit Number of the Contractor's financial agent. Page 43 of 128 RFP-97-012 (ii) Contractor's account number and the type of account (checking, saving, or lockbox). (5) For Federal Reserve Wire Transfer System payments only: (i) Name, address, telegraphic abbreviation, and the 9-digit Routing Transit Number for the Contractor's financial agent. (ii) If the Contractor's financial agent is not directly on-line to the Federal Reserve Wire Transfer System and, therefore, not the receiver of the wire transfer payment, the Contractor shall also provide the name, address, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment. (e) Suspension of payment. (l) Notwithstanding the provisions of any other clause of this contract, the Government is not required to make any payment under this contract until after receipt, by the designated payment office, of the correct EFT payment information from the Contractor or a certificate submitted in accordance with paragraph (b) of this clause. Until receipt of the correct EFT information, any invoice or contract shall be deemed not to be a valid invoice or contract financing request as defined in the Prompt Payment clause of this contract. (2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than the 30th day after its receipt to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the changed EFT information is implemented by the payment office. If such suspension would result in a late payment under the Prompt Payment clause of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension. (f) Contractor EFT arrangements. The Contractor shall designate a single financial agent capable of receiving and processing the electronic funds transfer using the EFT methods described in paragraph (d) of this clause. The Contractor shall pay all fees and charges for receipt and processing of transfers. (g) Liability for uncompleted or erroneous transfers. (l) If an uncompleted or erroneous transfer occurs because the Government failed to use the Contractor-provided EFT information in the correct manner, the Government remains responsible for (i) making a correct payment, (ii) paying any prompt payment penalty due, and (iii) recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because Government-provided EFT information was incorrect at the time of Government release of the EFT payment transaction instruction to the Federal Reserve System, and -- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and Page 44 of 128 RFP-97-012 the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government retains the right to either make payment by mail or suspend the payment in accordance with paragraph (e) of this clause. (h) EFT and prompt payment. (l) A payment shall be deemed to have been made in a timely manner in accordance with the Prompt Payment clause of this contract if, in the EFT payment transaction instruction given to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (2) When payment cannot be made by EFT because of incorrect EFT information provided by the Contractor, no interest penalty is due after the date of the uncompleted or erroneous payment transaction, provided that notice of the defective EFT information is issued to the Contractor within 7 days after the Government is notified of the defective EFT information. (i) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the Assignment of Claims clause of this contract, the assignee shall provide the assignee EFT information required by paragraph (d) of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information which shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (e) of this clause. (j) Payment office discretion. If the Contractor does not wish to receive payment by EFT methods for one or more payments, the Contractor may submit a request to the designated payment office to refrain from requiring EFT information or using the EFT payment method. The decision to grant the request is solely that of the Government. (k) Change of EFT information by financial agent. The Contractor agrees that the Contractor's financial agent may notify the Government of a change to the routing transit number, Contractor account number, or account type. The Government shall use the changed data in accordance with paragraph (e)(2) of this clause. The Contractor agrees that the information provided by the agent is deemed to be correct information as if it were provided by the Contractor. The Contractor agrees that the agent's notice of changed EFT data is deemed to be a request by the Contractor in accordance with paragraph (e)(2) that no further payments be made until the changed EFT information is implemented by the payment office. (End of Clause) Page 45 of 128 RFP-97-012 H.9 ACCESSIBILITY OF SOFTWARE ED 316-1 (APR 1997) The Department of Education (ED) considers universal acces- sibility to information a priority for all its employees and external customers, including individuals with disabilities. Under Sections 504 and 508 ofthe Rehabilitation Act of 1973, 29 U.S.C. subsections 794 and 794d, as amended, ED must ensure the accessibility of its programs and activities, specifically including electronic and information technology. ED maintains the manual, "Requirements for Accessible Software Design," to convey the accessibility needs of the Department to the developers and suppliers of computer applications. To comply with the provisions of this clause, the contractor may use the edition of the ED manual "Requirements for Accessible Software Design" in effect at the date of award of this contract or any more recent edition. A copy of the most recent edition of the manual may be found at ocfo.ed.gov/coninfo/clibrary/software.htm. (a) Software developed for ED--The contractor shall ensure that any software developed under this contract for use by ED's employees or external customers is accessible to individuals with disabilities. At a minimum, such software must meet all the requirements the ED manual "Requirements for Accessible Software Design." However, in accordance with paragraph (d) of this clause, the contracting officer may waive a requirement in writing. (b) Software enhanced or modified for ED--Any enhancements and other modifications, made under this contract to software for use by ED's employees or external customers, are subject to the requirements of paragraph (a) of this clause, regardless of where or how the software was first developed. Except as otherwise specified elsewhere in the contract schedule, the contractor is only required to ensure that the enhancements or modifications (not other features or parts of the software) comply with the requirements of paragraph (a). However, the contractor is encouraged to point out deficiencies in the accessibility of the software and to suggest solutions to ensure the software fully complies with the accessibility requirements of paragraph (a). (c) Other software delivered under this contract--Unless otherwise specified elsewhere in the contract schedule, the contractor is not required to ensure that software not developed under this contract meets the accessibility requirements of paragraph (a). However-- (1) The contractor shall consider accessibility to individuals with disabilities as a significant factor when selecting or purchasing any software that will be delivered under this contract for use by ED's employees or external customers. (2) At least ten calendar days prior to final selection of any software with a total estimated cost or price over $5,000 that Page 46 of 128 RFP-97-012 does not meet all the requirements of the ED manual "Requirements for Accessible Software Design," the contractor shall notify the Contracting Officer's Technical Representative (COTR) in writing. Such notice shall list the specific acces- sibility features that are lacking and explain the trade-offs or other reasons for recommending selection of the software. (3) Within ten calendar days of the COTR's receipt of a notice under subparagraph (c)(2), if selection of the software may significantly impair ED's ability to ensure accessibility of its programs and activities to all its employees and external customers, including individuals with disabilities, the contracting officer may reject selection of the software by written notice to the contractor. (d) Waiver of requirements--It is recognized that new technologies may provide solutions that are not envisioned in or consistent with the provisions of the manual "Requirements for Accessible Software Design." Or, certain requirements of the manual may be unreasonable or ineffective in certain situations. Accordingly, the contractor may request and the contracting officer may grant a waiver, in writing, to any requirement of the manual or of this clause. Approvals yet to be granted include (but are not necessarily limited to) the following: 1. Information Materials (Task 2, Task 6, Task 10) 2. Information Materials (Task 3, Task 7, Task 11) 3. Information pamphlets (Task 5, Task 8, Task 12) Sample Test (Task 5, Task 9 and Task 13) Consult with your Contracting Officer. Do not expend funds on development or production. Except as may be provided elsewhere, contractor may develop and produce at its own expense, results of work under this contract (see Publication and Publicity). All publications and audiovisuals that offeror intends to develop or produce will require approval. Early identification is advised. H.10 PRIVACY ACT NOTIFICATION (FAR 52.224-1) (APRIL 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. Page 47 of 128 RFP-97-012 H.11 PRIVACY ACT (FAR 52.224-2) (APRIL 1984) (a) The Contractor agrees to-- (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-- (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency. (c) (1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) "System of records on individuals," as used in this clause means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular Page 48 of 128 RFP-97-012 assigned to the individual. H.12 ORGANIZATIONAL CONFLICTS OF INTEREST (ED 307-17) (APR 1984) (A) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information. (B) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. (C) Remedies - The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, or pursue such other remedies as may be permitted by law or this contract. (D) The Contractor further agrees to insert in any subcontract or consultant agreement hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph (D). H.13 CONTINUITY OF SERVICES (FAR 52.237-3) (JANUARY 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another Contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best effort and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in and phase-out service required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide Page 49 of 128 RFP-97-012 sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct onsite interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that results from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. H.14 OPTION TO EXTEND SERVICES (FAR 52.217-8) (AUG 1989) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extention of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule. (Note: Notice shall be given within 60 days before contract completion.) H.15 KEY PERSONNEL DESIGNATION (ED 307-2) (MARCH 1985) In accordance with the contract clause entitle "Key personnel", the following key personnel are considered to be essential to the work being performed: NAME: TELEPHONE: TITLE: Page 50 of 128 RFP-97-012 PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE-ALTERNATE I (FAR 52.252-2) (JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. I.2 CLAUSES FOR A COST-PLUS-FIXED-FEE CONTRACT (MATRIX-A) (FEB 1997) I.2.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES FAR Clause No. Title and Date (The following clauses shall apply to all contracts except Research and Development.) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (SEPT 1990) (The following clauses shall apply to all contracts in excess of $100,000.) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.204-4 Printing/Copying Double-Sided on Recycled (JUN 1996) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JAN 1990) 52.207-3 Right of First Refusal of Employment (NOV 1991) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUL 1995) 52.215-2 Audit and Records--Negotiation (AUG 1996) 52.242-15 Stop-Work Order - Alternate I (APR 1984) 52.247-63 Preference for U.S. Flag Air Carriers (JAN 1997) Page 51 of 128 RFP-97-012 (The following clauses shall apply when Cost or Pricing Data is required or if the total life amount of the contract is greater than $500,000.) 52.215-22 Price Reduction for Defective Cost or Pricing Data (OCT 1995) 52.215-24 Subcontractor Cost or Pricing Data (OCT 1995) (The following clauses shall apply to contracts exceeding $3,000,000 when cost and pricing data is required for the procurement.) 52.215-23 Price Reduction for Defective Cost or Pricing Data - Modifications (OCT 1995) 52.215-25 Subcontractor Cost or Pricing Data - Modifications (OCT l995) (The following clause shall apply when prescribed under FAR subpart 15.812-2(a). The alternate provision shall additionally apply when prescribed under 15.812-2(b). 52.215-26 Integrity of Unit Prices (FEB 1997) (The following clause shall apply if prescribed in FAR 15.804-8(e).) 52.215-27 Termination of Defined Benefit Pension Plans (SEPT 1989) (The following clause shall apply if the contractor did not propose facilities capital cost of money in its offer.) 52.215-31 Waiver of Facilities Capital Cost of Money (SEPT 1987) (The following clauses shall apply to Contracts when Cost and Pricing Data is required or to which cost determinations will be subject to FAR subpart 31.2, Commerical Organizations. 52.215-39 Reversion of Adjustment of Plans for Postretirement Benefits Other than Pensions (PRB) (FEB 1995) 52.215-40 Notification of Ownership Changes (FEB 1995) 52.216-7 Allowable Cost and Payment (FEB 1997) 52.216-8 Fixed Fee (FEB 1997) 52.219-8 Utilization of Small, Small Disadvantaged & Women-Owned Small Business Concerns (FEB 1997) (The following clauses shall apply as prescribed under FAR subparts 19.508(e) and 19.708(b).) 52.219-9 Small, Small Disadvantaged & Women-Owned Small Business Subcontracting Plan (AUG 1996) 52.219-13 Utilization of Women-Owned Small Page 52 of 128 RFP-97-012 Businesses (AUG 1986) 52.219-14 Limitation on Subcontracting (DEC 1996) (The following clauses shall apply to all contracts which include the clause FAR 52.219-9, Small Business and Small Disadvantaged Business Subcontracting Plan.) 52.219-16 Liquidated Damages-Subcontracting Plan (OCT 1995) 52.220-3 Utilization of Labor Surplus Area Concerns (APR 1984) (The following clause shall apply to all cost reimbursement contracts in excess of $100,000.) 52.222-2 Payment of Overtime Premiums (JUL 1990) (The following clause shall be exempted from application under FAR provisions 52.222-3(a) through (c).) 52.222-3 Convict Labor (AUG 1996) (The following clause shall apply when prescribed under FAR subpart 22.305.) 52.222-4 Contract Work Hours and Safety Standards Act-- Overtime Compensation (JUL 1995) (The following clauses shall apply when prescribed under FAR subpart 22.6.) 52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) 52.222-26 Equal Opportunity (APR 1984) (The following clauses shall apply to all RFPs and Contracts with a life aggregate amount over $1,000,000.) 52.222-28 Equal Opportunity Pre-Award Clearance of Subcontract (APR 1984) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (APR 1984) 52.222-36 Affirmative Action for Handicapped Workers (APR 1984) (Note: The reports required by the following clause shall be submitted to OASVET (VETS-100); U.S. Department of Labor; 200 Constitution Avenue, NW; Washington D.C. 20210.) 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (JAN 1988) (The two following clauses shall only apply to contracts to which the Service Contract Act is applicable.) 52.222-41 Service Contract Act of 1965, as Amended (MAY 1989) Page 53 of 128 RFP-97-012 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) (Note: List of equivalent rates, if applicable, will be given in attachment.) 52.223-2 Clean Air and Water (Over $100,000) (APR 1984) (The following clauses shall apply to (a) any contract awarded to an individual -- ie., a contractor having no more than one employee including the contractor -- or (b) any contract of $25,000 or more, unless excepted under the provisions of FAR 23.505 (b) (1) (3).) 52.223-6 Drug Free Workplace (JUL 1990) 52.223-14 Toxic Chemical Release Reporting (OCT 1995) 52.225-3 Buy American Act - Supplies (JAN 1989) 52.225-11 Restrictions on Certain Foreign Purchases (MAY 1992) (The following clause shall apply to all but specified research and development contracts.) 52.227-1 Authorization and Consent (JUL 1995) (The following clauses shall apply to only specified research and development contracts.) 52.227-1 Authorization and Consent - Alternate I (APR 1984) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996) 52.227-16 Additional Data Requirements (JUNE 1987) 52.227-17 Rights in Data -- Special Works (JUNE 1987) (The following clause applies except for construction and architect-engineer services or unless otherwise formally waived by the federal contract office.) 52.228-7 Insurance-Liability to Third Persons (APR 1984) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-17 Interest (JUN 1996) 52.232-20 Limitation of Cost (APR 1984) (Applicable if contract is fully funded.) 52.232-22 Limitation of Funds (APR 1984) (Applicable if contract is incrementally funded.) 52.232-23 Assignment of Claims (JAN 1986) 52.233-1 Disputes (OCT 1995) 52.233-3 Protest After Award (OCT 1995) 52.242-1 Notice of Intent to Disallow Costs (AUG 1987) 52.242-13 Bankruptcy (JUL 1995) Page 54 of 128 RFP-97-012 52.243-2 Changes - Cost-Reimbursement (AUG 1987) Alternate V (APR 1984) 52.244-2 Subcontracts Under Cost-Reimbursement and Letter Contracts (FEB 1997) 52.244-5 Competition in Subcontracting (DEC 1996) 52.245-5 Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contract) (DEC 1992) (The following clause shall apply to contracts for services.) 52.246-5 Inspection of Services - Cost Reimbursement (APR 1984) 52.246-25 Limitation of Liability - Services (FEB 1997) (The following clause shall apply to Research and Development contracts.) 52.246-8 Inspection of Research and Development - Cost Reimbursement (APR 1984) 52.246-23 Limitation of Liabilities for Supplies (FEB 1997) (The following clause shall apply if designated.) 52.247-29 F.O.B. Origin (JUN 1988) (The following clause shall apply if designated.) 52.247-34 F.O.B. Destination (APR 1984) 52.249-6 Termination (Cost-Reimbursement) (SEP 1996) 52.249-14 Excusable Delays (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 52.232-25 Prompt Payment (MAR 1994) 52.248-1 Value Engineering (MARCH 1989) Alternate III (APRIL 1984) Page 55 of 128 RFP-97-012 I.2.2 DEPARTMENT OF EDUCATION ACQUISTION REGULATION (EDAR) (48 CFR CHAPTER 34) CLAUSES EDAR Clause No. Title and Date 3452.202-1 Definitions (AUGUST 1987) 3452.208-70 Printing (AUGUST 1987) 3452.227-70 Publication and Publicity (AUGUST 1987) 3452.227-71 Paperwork Reduction Act (AUGUST 1987) 3452.227-72 Advertising of Awards (AUGUST 1987) 3452.228-70 Required Insurance (AUGUST 1987) 3452.237-71 Services of Consultants (AUGUST 1987) 3452.242-70 Litigation and Claims (AUGUST 1987) 3452.242-71 Notice to the Government of Delays (AUGUST 1987) 3452.242-72 Withholding of Contract Payments (AUGUST 1987) 3452.242-73 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (AUGUST 1987) 3452.243-70 Key Personnel (AUGUST 1987) 3452.247-70 Foreign Travel (AUGUST 1987) I.3 CLAUSES FOR A COST REIMBURSEMENT CONTRACT WITH NONPROFIT, BUT OTHER THAN EDUCATIONAL, INSTITUTION (MATRIX-B) (FEB 1997) I.3.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES FAR Clause No. Title and Date (The following clauses shall apply to all contracts except Research and Development.) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (SEPT 1990) (The following clauses shall apply to all contracts in excess of $100,000.) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JAN 1990) 52.204-4 Printing/Copying Double-Sided on Recycled Paper (JUN l996) Page 56 of 128 RFP-97-012 52.207-3 Right of First Refusal of Employment (NOV 1991) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUL 1995) 52.242-15 Stop Work Order (APR 1984) 52.247-63 Preference for U.S.-Flag Air Carriers (JAN 1997) (The following clauses shall apply when prescribed under FAR subpart 15.812-2(a). The alternate provision shall additionally apply when prescribed under 15.812-2(b).) 52.215-2 Audit and Records--Negotiation (AUG 1996) (The following clauses shall apply when Cost or Pricing Data is required or if the total life amount of the contract is greater than $500,000.) 52.215-22 Price Reduction for Defective Cost or Pricing Data (OCT 1995) 52.215-24 Subcontractor Cost or Pricing Data (OCT 1995) (The following clauses shall apply to contracts exceeding $3,000,000 when cost and pricing data is required for the procurement.) 52.215-23 Price Reduction for Defective Cost or Pricing Data - Modifications (OCT 1995) 52.215-25 Subcontractor Cost or Pricing Data - Modifications (OCT l995) (The following clause shall apply when prescribed under FAR subpart 15.812-2(a). The alternate provision shall additionally apply when prescribed under 15.812-2(b).) 52.215-26 Integrity of Unit Prices (FEB 1997) (The following clause shall apply if prescribed in FAR 15.804-8(e).) 52.215-27 Termination of Defined Benefit Pension Plans (SEPT 1989) (The following clause shall apply if the contractor did not propose facilities capital cost of money in its offer.) 52.215-31 Waiver of Facilities Capital Cost of Money (SEPT 1987) (The following clauses shall apply to Contracts when Cost and Pricing Data is required and to cost determinations subject to FAR subpart 31.2, Commercial Organizations.) 52.215-39 Reversion or Adjustment of Plans for Page 57 of 128 RFP-97-012 Postretirement Benefits Other Than Pensions (PRB) (JUL 1991) 52.216-7 Allowable Cost and Payment (FEB 1997) 52.216-8 Fixed Fee (FEB 1997) 52.219-8 Utilization of Small, Small Disadvantaged & Women-Owned Small Business Concerns (OCT 1995) (The following clauses shall apply as prescribed under FAR subpart 19.708(b), including exemption of application to 8(a) and other small businesses.) 52.219-9 Small, Small Disadvantaged & Women-Owned Small Business Subcontracting Plan (AUG 1996) 52.219-13 Utilization of Women-Owned Small Businesses (AUG 1986) (The following clauses shall apply to all contracts which include the clause FAR 52.219-9, Small Business and Small Disadvantaged Business Subcontracting Plan.) 52.219-16 Liquidated Damages-Subcontracting Plan (OCT 1995) 52.220-3 Utilization of Labor Surplus Area Concerns (APR 1984) (The following clause applies to all Cost Reimbursement contracts in excess of $100,000, except Cost-Plus-Incentive-Fee contracts.) 52.222-2 Payment for Overtime Premiums (JUL 1990) (Insert "$100 a month" in Paragraph (a).) (The following clause shall be exempted from application under FAR provisions 52.222-3 (a) through (c).) 52.222-3 Convict Labor (AUG 1996) (The following clause shall apply when prescribed under FAR subpart 22.305.) 52.222-4 Contract Work Hours and Safety Standards Act-- Overtime Compensation (JUL 1995) (The following clauses shall apply when prescribed under FAR subpart 22.6.) 52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) 52.222-26 Equal Opportunity (APR 1984) (The following clauses shall apply to all RFPs and Contracts with a life aggregate amount over $1,000,000.) 52.222-28 Equal Opportunity Pre-Award Clearance of Subcontract (APR 1984) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (APR 1984) Page 58 of 128 RFP-97-012 52.222-36 Affirmative Action for Handicapped Workers (APR 1984) (Note: The reports required by the following clause shall be submitted to OASVET (VETS-100); U.S. Department of Labor; 200 Constitution Avenue, NW; Washington D.C. 20210.) 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (JAN 1988) 52.223-2 Clean Air and Water (Over $100,000) (APR 1984) (The following clauses shall apply to (a) any contract awarded on or after 3/18/89 to an individual -- ie., a contractor having no more than one employee including the contractor -- or (b) any contract of $25,000 or more, to be awarded on or after 3/18/89, unless excepted under the provisions of FAR 23.505(b)(1)(3).) 52.223-6 Drug Free Workplace (JUL 1990) 52.223-14 Toxic Chemical Release Reporting (OCT 1995) 52.225-3 Buy American Act - Supplies (JAN 1989) 52.225-11 Restrictions on Certain Foreign Purchases (MAY 1994) (The following clause shall apply to all but specified research and development contracts.) 52.227-1 Authorization and Consent (JUL 1995) (The following clauses shall apply to only specified research and development contracts.) 52.227-1 Authorization and Consent - Alternate I (APR 1984) 52.227-2 Notice and Assistance, Regarding Patent and Copyright Infringement (AUG 1996) 52.227-16 Additional Data Requirements (JUNE 1987) 52.227-17 Rights in Data -- Special Works (JUNE 1987) (The following clause applies except for construction and architect-engineer services or unless otherwise formally waived by the federal contract office.) 52.228-7 Insurance-Liability to Third Persons (APR 1984) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-17 Interest (JUN 1996) 52.232-20 Limitation of Cost (APR 1984) (Applicable if contract is fully funded.) 52.232-22 Limitation of Funds (APR 1984) (Applicable if contract is incrementally Page 59 of 128 RFP-97-012 funded.) 52.232-23 Assignment of Claims (JAN 1986) 52.233-1 Disputes (OCT 1995) 52.233-3 Protest After Award (OCT 1995) 52.242-1 Notice of Intent to Disallow Costs (APR 1984) 52.242-13 Bankruptcy (JUL 1995) (Applicable for all solicitations and contracts). 52.243-2 Changes - Cost-Reimbursement (AUG 1987) - Alternate V (APR 1984) 52.244-2 Subcontracts Under Cost-Reimbursement and Letter Contracts (FEB 1997) 52.244-5 Competition in Subcontracting (DEC 1996) 52.245-5 Government Property (Cost-Reimbursement, Time- and-Material, or Labor-Hour Contract) (APR 1984) - Alternate I (APR 1984) 52.246-5 Inspection of Service-Cost Reimbursement (APR 1984) 52.246-23 Limitation of Liabilities for Supplies (FEB 1997) (The following clause shall apply if designated.) 52.246-25 Limitation of Liability (FEB 1997) 52.247-29 F.O.B. Origin (JUN 1988) (The following clause shall apply if designated.) 52.247-34 F.O.B. Destination (APR 1984) (As prescribed in FAR 49.502(d), the following clause shall only apply to contracts for research and development work on no-fee bases.) 52.249-5 Termination for Convenience of the Government (Education and Other Nonprofit Institutions) (SEP 1996) (As prescribed in FAR 49.503(a)(1), the following clause shall apply to all contracts except for research and development work on a no-fee basis.) 52.249-6 Termination (Cost-Reimbursement) (SEP 1996) 52.253-1 Computer Generated Forms (JAN 1991) 52.232-25 Prompt Payment (MAR 1994) 52.248-1 Value Engineering (MARCH 1989) Alternate III (APRIL 1984) Page 60 of 128 RFP-97-012 I.3.2 DEPARTMENT OF EDUCATIONAL ACQUISITION REGULATION (EDAR) (48 CFR CHAPTER 34) CLAUSES EDAR Clause No. Title and Date 3452.202-1 Definitions (AUGUST 1987) 3452.208-70 Printing (AUGUST 1987) (The following clause shall apply to contracts with nonprofit organizations other than educational institutions, hospitals, or organizations listed in Attachment C to OMB Circular No. A-122.) 3452.216-70 Additional Cost Principles (AUGUST 1987) (The following clause shall apply to contracts with organizations that have fixed indirect cost rates with carryforward adjustments approved by the Government agency responsible for negotiating the organization's indirect cost rates.) 3452.216-71 Negotiated Overhead Rates - Fixed (AUGUST 1987) 3452.227-70 Publication and Publicity (AUGUST 1987) 3452.227-71 Paperwork Reduction Act (AUGUST 1987) 3452.227-72 Advertising of Awards (AUGUST 1987) 3452.228-70 Required Insurance (AUGUST 1987) (The following clause shall apply to hospitals and State and local governments only.) 3452.232-70 Prohibition Against the Use of ED Funds to Influence Legislation or Appropriations (AUGUST 1987) 3452.237-71 Services of Consultants (AUGUST 1987) 3452.242-70 Litigation and Claims (AUGUST 1987) 3452.242-71 Notice to the Government of Delays (AUGUST 1987) 3452.242-72 Withholding of Contract Payments (AUGUST 1987) 3452.242-73 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (AUGUST 1987) 3452.243-70 Key Personnel (AUGUST 1987) 3452.247-70 Foreign Travel (AUGUST 1987) I.4 CLAUSES FOR A COST-REIMBURSEMENT CONTRACT WITH AN EDUCATIONAL INSTITUTION (MATRIX-E) (FEB 1997) I.4.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES FAR Clause No. Title and Date 52.203-7 Anti-Kickback Procedures (JUL 1995) Page 61 of 128 RFP-97-012 (The following clauses shall apply to all contracts except Research and Development.) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (SEP 1990) (The following clauses shall apply to all contracts in excess of $100,000.) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JAN 1990) 52.204-4 Printing/Copying Double-Sided on Recycled Paper (JUN l996) 52.207-3 Right of First Refusal of Employment (NOV 1991) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUL 1995) 52.215-2 Audit and Records--Negotiation (AUG 1996) 52.242-15 Stop-Work Order - Alternate I (APR 1984) 52.247-63 Preference for U.S.-Flag Air Carriers (JAN 1997) (The following clauses shall apply when Cost or Pricing Data is required or if the total life amount of the contract is greater than $500,000.) 52.215-22 Price Reduction for Defective Cost or Pricing Data (OCT 1995) 52.215-24 Subcontractor Cost or Pricing Data (OCT 1995) 52.230-5 Cost Accounting Standards - Educational Institution (APR 1996) (The following clauses shall apply to contracts exceeding $3,000,000 when cost and pricing data is required for the procurement.) 52.215-23 Price Reduction for Defective Cost or Pricing Data - Modifications (OCT 1995) 52.215-25 Subcontractor Cost or Pricing Data - Modifications (OCT l995) (The following clauses shall apply when prescribed under FAR subpart 15.812-2(a). The alternate provision shall additionally apply when prescribed under 15.812-2(b). 52.215-26 Integrity of Unit Prices (FEB 1997) Page 62 of 128 RFP-97-012 (The following clause shall apply to (1) Contracts when Cost and Pricing Data is required and (2) cost determinations subject to subpart 31.2, Commercial Organizations). 52.215-39 Reversion or Adjustment of Plans for Postretirement Benefits Other than Pensions (PRB) (JUL 1991) (The words "Subpart 31.3" are substituted for "Subpart 31.2" under paragraph (a) of the following clause.) 52.216-7 Allowable Cost and Payment (FEB 1997) 52.216-8 Fixed Fee (FEB 1997) 52.219-8 Utilization of Small, Small Disadvantaged & Women-Owned Small Business Concerns (FEB 1997) 52.216-11 Cost Contract - No Fee (APR 1984) (The following clauses shall apply when predetermined rates are used.) 52.216-15 Predetermined Indirect Cost Rates (APR 1984) 52.219-8 Utilization of Small, Small Disadvantaged & Women-Owned Small Business Concerns (AUG 1996) (The following clauses shall apply as prescribed under FAR subpart 19.708(b), including exemption of application to 8(a) and other small businesses.) 52.219-9 Small, Small Disadvantaged & Women-Owned Small Business Subcontracting Plan (AUG 1996) 52.219-13 Utilization of Women-Owned Small Businesses (AUG 1996) (The following clauses shall apply to all contracts which include the clause FAR 52.219-9, Small Business and Small Disadvantaged Business Subcontracting Plan.) 52.219-16 Liquidated Damages-Subcontracting Plan (OCT 1995) 52.220-3 Utilization of Labor Surplus Area Concerns (APR 1984) (The following clause shall apply to all cost reimbursement contracts in excess of $100,000, except Cost-Plus-Incentive-Fee contracts.) 52.222-2 Payment for Overtime Premiums (JUL 1990) (Insert "$100 a month" in Paragraph (a).) (The following clause shall be exempted from application under FAR provisions 52.222-3 (a) through (c).) 52.222-3 Convict Labor (AUG 1996) (The following clause shall apply when prescribed under FAR Page 63 of 128 RFP-97-012 subpart 22.305.) 52.222-4 Contract Work Hours and Safety Standards Act-- Overtime Compensation (JUL 1995) (The following clause shall apply when prescribed under FAR subpart 22.6.) 52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) 52.222-26 Equal Opportunity (APR 1984) (The following clauses shall apply to all RFPs and Contracts with a life aggregate amount over $1,000,000.) 52.222-28 Equal Opportunity Pre-Award Clearance of Subcontract (APR 1984) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (APR 1984) 52.222-36 Affirmative Action for Handicapped Workers (APR 1984) (Note: The reports required by the following clause shall be submitted to OASVET (VETS-100); U.S. Department of Labor; 200 Constitution Avenue, NW; Washington D.C. 20210.) 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (JAN 1988) (The following clauses shall only apply to contracts to which the Service Contract Act is applicable.) 52.222-41 Service Contract Act of 1965, as Amended (MAY 1989) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) (Note: List of equivalent rates, if applicable, will be given in attachment.) 52.223-2 Clean Air and Water (Over $100,000) (APR 1984) (The following clause shall apply to (a) any contract awarded to an individual -- ie., a contractor having no more than one employee including the contractor -- or (b) any contract of $25,000 or more, unless excepted under the provisions of FAR 23.505 (b) (1) (3).) 52.223-6 Drug Free Workplace (JUL 1990) 52.223-14 Toxic Chemical Release Reporting (OCT 1995) 52.225-3 Buy American Act - Supplies (JAN 1989) 52.225-11 Restrictions on Certain Foreign Purchases (MAY 1992) (The following clause shall apply to all but specified research and development contracts.) Page 64 of 128 RFP-97-012 52.227-1 Authorization and Consent (JUL 1995) (The following clauses shall apply to only specified research and development contracts.) 52.227-1 Authorization and Consent - Alternate I (APR 1984) 52.227-2 Notice and Assistance, Regarding Patent and Copyright Infringement (AUG 1996) 52.227-16 Additional Data Requirements (JUNE 1987) 52.227-17 Rights in Data -- Special Works (JUNE 1987) FP (The following clause applies except for construction and architect-engineer services or unless otherwise formally waived by the federal contract office.) 52.228-7 Insurance-Liability to Third Persons (APR 1984) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-20 Limitation of Cost (APR 1984) (Applicable if contract is fully funded.) 52.232-22 Limitation of Funds (APR 1984) (Applicable if contract is incrementally funded.) 52.232-23 Assignment of Claims (JAN 1986) 52.233-1 Disputes (OCT 1995) 52.233-3 Protest After Award (OCT 1995) 52.242-1 Notice of Intent to Disallow Costs (APR 1984) 52.242-13 Bankruptcy (JUL 1995) (Applicable for all solicitations and contracts) 52.243-2 Changes - Cost-Reimbursement (AUG 1987) - Alternate V (APR 1984) 52.244-2 Subcontracts Under Cost-Reimbursement and Letter Contracts (FEB 1997) 52.244-5 Competition in Subcontracting (DEC 1996) 52.245-5 Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contract) (DEC 1992) - Alternate I (DEC 1992) 52.246-8 Inspection of Research and Development - Cost Reimbursement (APR 1984) 52.246-23 Limitation of Liabilities for Supplies (FEB 1997) (The following clause shall apply if designated.) 52.246-25 Limitation of Liability - Services (FEB 1997) 52.247-29 F.O.B. Origin (JUN 1988) (The following clause shall apply if designated.) 52.247-34 F.O.B. Destination (APR 1984) Page 65 of 128 RFP-97-012 (As prescribed in FAR 49.502(d), the following clause shall only apply to contracts for research and development work on no-fee bases.) 52.249-5 Termination for Convenience of the Government (Education and Other Nonprofit Institutions) (SEP 1996) (As prescribed in FAR 49.503(a)(1), the following clause shall apply to all contracts except for research and development work on a no-fee basis.) 52.249-6 Termination (Cost-Reimbursement) (SEP 1996) 52.253-1 Computer Generated Forms (JAN 1991) 52.232-25 Prompt Payment (MAR 1994) 52.248-1 Value Engineering (MARCH 1989) Alternate III (APRIL 1984) Page 66 of 128 RFP-97-012 I.4.2 DEPARTMENT OF EDUCATION ACQUISITION REGULATION (EDAR) (48 CFR CHAPTER 34) CLAUSES EDAR Clause No. Title and Date 3452.202-1 Definitions (AUGUST 1987) 3452.207-70 Printing (AUGUST 1987) (The following clause shall apply to contracts with organizations that have fixed indirect cost rates with carryforward adjustments approved by the Government agency responsible for negotiating the organization's indirect cost rates.) 3452.216-71 Negotiated Overhead Rates - Fixed (AUGUST 1987) 3452.227-70 Publication and Publicity (AUGUST 1987) 3452.227-71 Paperwork Reduction Act (AUGUST 1987) 3452.227-72 Advertising of Awards (AUGUST 1987) 3452.228-70 Required Insurance (AUGUST 1987) 3452.232-70 Prohibition Against the Use of ED Funds to Influence Legislation or Appropriations (AUGUST 1987) 3452.237-71 Services of Consultants (AUGUST 1987) 3452.242-70 Litigation and Claims (AUGUST 1987) 3452.242-71 Notice to the Government of Delays (AUGUST 1987) 3452.242-72 Withholding of Contract Payments (AUGUST 1987) 3452.242-73 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilites (AUGUST 1987) 3452.243-70 Key Personnel (AUGUST 1987) 3452.247-70 Foreign Travel (AUGUST 1987) Page 67 of 128 RFP-97-012 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J -- LIST OF ATTACHMENTS J.1 LIST OF ATTACHMENTS (ED 309-1) (MARCH 1985) Charts Titled Overview of Plans for the National Test in Reading and Mathematics Source list for RFP 97-012 on release date Past Performance Form Page 68 of 128 RFP-97-012 PART IV, SECTION K REPRESENTATIONS,CERTIFICATIONS, AND OTHER STATEMENTS OF THE OFFEROR K.1 REPRESENTATION AUTHORITY (ED 310-1) (MARCH 1985) The offeror makes the following Representations and Certifications as part of its proposal (check or complete all appropriate boxes or blanks on the following pages). _________________________________ ____________________ (Name of Offeror) (RFP No.) _________________________________ ____________________ (Signature of (Date) Authorized Individual) ____________________________________________________________________ (TYPED NAME OF AUTHORIZED INDIVIDUAL) Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The Representations and Certifications must be executed by an individual authorized to bind the offeror. K.2 WOMEN-OWNED BUSINESS (FAR 52.204-5) (DEC 1996) As prescribed in 4.603(b), insert the following provision: (a) Representation. The offeror represents that it [] is [] is not a women-owned business concern. (b) Definition. "Women-owned business concern," as used in this provision, means a concern which is at least 5l percent owned by one or more women; or in the case of any publicly owned business, at least 5l percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (End of provision) Page 69 of 128 RFP-97-012 K.3 PLACE OF PERFORMANCE (FAR 52.215-20) (APRIL 1984) (A) The offeror or quoter, in the performance of any contract resulting from this solicitation, [_] intends [_] does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or quoter as indicated in this proposal or quotation. (B) If the offeror or quoter checks "intends" in paragraph (A) above, it shall insert in the spaces provided below the required information: Name and Address of Owner Place of Performance and Operator of the Plant or (Street Address, City, Facility if Other than Offeror County, State, Zip Code) or Quoter __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ K.4 ANNUAL REPRESENTATIONS AND CERTIFICATIONS -- NEGOTIATION (FAR 52.215-35 (JAN 1997) The offeror has (check the appropriate block): [ ] (a) Submitted to the contracting office issuing this solicitation, annual representations and certifications dated --------------------------------------- [insert date of signature on submission] which are incorporated herein by reference and are current, accurate, and complete as of the date of this offer, except as follows [insert changes that affect only this solicitation; if "none," so state]: --------------------------------------------------------- [ ] (b) Enclosed its annual representations and certifications. (End of provision) Page 70 of 128 RFP-97-012 K.5 CERTIFICATION OF NONSEGREGATED FACILITIES (FAR 52.222-21) (APRIL 1984) (A) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restraurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (B) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract. (C) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will-- (1) Obtain identical certifications from proposed subcontractors before the award of the subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OR NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. K.6 DRUG-FREE WORKPLACE (FAR 52.223-6) (JAN 1997) (a) Definitions. As used in this clause-- "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR Page 71 of 128 RFP-97-012 1308.11 - 1308.15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. "Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor. (b) The Contractor, if other than an individual, shall-- within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an ongoing drug-free awareness program to inform such employees about-- (i) The dangers of drug abuse in the workplace; (ii) The Contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; Page 72 of 128 RFP-97-012 (4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will-- (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction; (5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) though (b)(6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment. (End of clause) K.7 CERTIFICATE OF CURRENT COST OR PRICING DATA (ED 310-5) (MARCH 1985) (When a certificate of cost or pricing data is required to be submitted in accordance with Federal Acquistion Regulation (FAR) 15.804-2, the Contracting Officer will request that the Offeror complete, execute, and submit to the Contracting Officer a certification in the format shown in the following Certificate of Current Cost or Pricing Data. The Page 73 of 128 RFP-97-012 certification shall be submitted only at the time negotiations are completed. Offerors should complete the certificate set forth below and return it when requested by the Contracting Officer.) This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in Section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's Representative in support of _________________* are accurate, complete, and current as of _________________**. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm _______________________________________________________________ Name _______________________________________________________________ Title ______________________________________________________________ Date of execution*** _______________________________________________ *Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). **Insert the day, month, and year when price negotiations were concluded and price agreement was reached. ***Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. K.8 DUPLICATION OF COST (ED 310-6) (MARCH 1985) The offeror represents and certifies that any charges contemplated and included in its estimate of cost for performance are not duplicative of any charges against any other Government contract, subcontract, or other Government source. K.9 EMPLOYER'S IDENTIFICATION NUMBER (ED 310-7) (MARCH 1985) The offeror's Internal Revenue Service "Employer's Identification Number" is _______________________________. K.10 CONTRACTOR IDENTIFICATION NUMBER - DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (FAR 52.204-6) (DEC 1996) (a) Contractor Identification Number, as used in this provision, means "Data Universal Numbering System (DUNS) Page 74 of 128 RFP-97-012 number," which is a nine-digit number assigned by Dun and Bradstreet Information Services. (b) Contractor identification is essential for complying with statutory contract reporting requirements. Therefore, the offeror is requested to enter, in the block with its name and address on the Standard Form 33 or similar document, the annotation "DUNS" followed by the DUNS number which identifies the offeror's name and address exactly as stated in the offer. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror should call Dun and Bradstreet at l-800-333-0505. The offeror should be prepared to provide the following information: (l) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (d) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet Home Page at http://www.dbisna.com/dbis/customer/custlist.htm. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@dbisma.com. (End of provision) K.11 TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JULY 1987) The offeror or quoter, by checking the applicable box, represents that: (a) It operates as [_] a corporation incorporated under the laws of the State of _____________________, [_] an individual, [_] a partnership, [_] a nonprofit organization, or [_] a joint venture. (b) If the offeror or quoter is a foreign entity, it operates as [_] an individual, [_] a partnership, [_] a nonprofit organization, [_] a joint venture, or [_] a corporation registered for business in ______________________ (country). Page 75 of 128 RFP-97-012 K.12 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APRIL 1984) The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: TELEPHONE NUMBER NAMES TITLE (INCLUDING AREA CODE) ______________________ __________________ ____________________ ______________________ __________________ ____________________ ______________________ __________________ ____________________ K.13 APPROVAL OF ACCOUNTING SYSTEM (ED 310-9) (MARCH 1985) The offeror [_] does, [_] does not, have an approved accounting system for purposes of cost reimbursement under this requirement. If so, specify the approving government audit agency or office and the date of approval. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Date: ______________________________________________________________ K.14 CERTIFICATION FOR INTENDED COMPLIANCE WITH "LIMITATION OF COST" CLAUSE (ED 310-15) (APRIL 1984) The offeror certifies by submission of offer hereunder for understanding of and full intent to comply with the clause titled "Limitation of Cost", or "Limitation of Funds" clause in the case of incremental funding. K.15 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (ED 310-10) (APRIL 1984) Offerors or quoters are requested to provide information regarding the following items in sufficient detail to allow a full and complete business evaluation. If the question indicated is not applicable or the answer is none, it should be annotated. If the offeror has previously submitted the information, it should certify the validity of that data currently on file at ED or update all outdated information on file. (A) Contractor's Name: _________________________________________ Page 76 of 128 RFP-97-012 (B) Address (If financial records are maintained at some other location, show the address of the place where the records are kept): ____________________________________________________________ ____________________________________________________________ (C) Telephone Number: __________________________________________ (D) Individual(s) to contact re this proposal: _________________ ____________________________________________________________ (E) Cognizant Government: Audit Agency: ______________________________________________ Address: ___________________________________________________ Auditor: ___________________________________________________ (F) (1) Work Distribution for the Last Completed Fiscal Accounting Period: Sales: Government cost-reimbursement type prime contracts and subcontracts: $_________ Government fixed-price prime contracts and subcontracts: $_________ Commercial Sales: $_________ Total Sales: $_________ (2) Total Sales for first and second fiscal years immediately preceding last completed fiscal year. Total Sales for First Preceding Fiscal Year $_________ Total Sales for Second Preceding Fiscal Year $_________ (G) Is company an ED rate entity or division? ___________________________________________________________ If a division or subsidiary corporation, name parent company: ___________________________________________________________ (H) Date Company Organized: ___________________________________ (I) Manpower: Total Employees: __________________________________________ Page 77 of 128 RFP-97-012 Direct: ___________________________________________________ Indirect: _________________________________________________ Standard Work Week (Hours): _______________________________ (J) Commercial Products: ______________________________________ ___________________________________________________________ (K) Attach a current organizational chart of the company. (L) Description of Contractor's system of estimating and accumulating costs under Government contracts. (Check appropriate blocks.) Estimated/ Standard Actual Cost Cost Estimating System Job Order ___________ ________ Process ___________ ________ Accumulating System Job Order ___________ ________ Process ___________ ________ Has your cost estimating system been approved by any Government agency? Yes __________ No __________ If yes, give name and location of agency: ________________ ____________________________________________________________ Has your cost accumulation system been approved by any Government agency? Yes __________ No __________ If yes, give name and address of agency: __________________ ____________________________________________________________ (M) What is your fiscal year period? (Give month-to-month dates): ____________________________________________________________ What were the indirect cost rates for your last completed fiscal year? Fiscal Year Page 78 of 128 RFP-97-012 Fringe Benefits _________ __________ Overhead _________ __________ G&A Expense _________ __________ Other _________ __________ (N) Have the proposed indirect cost rate(s) been evaluated and accepted by any Government agency? Yes _______ No_______ If yes, name and location of the Government agency: ______________________________________________________________ Date of last pre-award audit review by a Government agency: ________ (If the answer is no, data supporting the proposed rates must accompany the cost or price proposal. A breakdown of the items comprising overhead and G&A must be furnished.) (O) Cost estimating is performed by: Accounting Department: _________________________________ Contracting Department: _________________________________ Other (describe) ________________________________________ (P) Has system of control of Government property been approved by a Government agency? Yes __________ No __________ If yes, name and location of the Government agency: ___________________________________________________________ (Q) Purchasing Procedures: Are purchasing procedures written? Yes _______ No_______ Has your purchasing system been approved by a Government agency? Yes __________ No __________ If yes, name and location of the Government agency: ___________________________________________________________ (R) Does your firm have an established written incentive compensation or bonus plan? Yes __________ No __________ K.16 SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) (JAN 1997) (a)(1) The standard industrial classification (SIC) code for this acquisition is 8999. (2) The small business size standard is 8999. (3) Ths small business size standard for a concern which submits an offer in its own name, other than on a construction or Page 79 of 128 RFP-97-012 service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representation. (1) The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) (Complete only if offeror represented itself as a small business concern in block (b)(1) of this section.) The offeror represents as part of its offer that it [_] is, [_] is not a small disadvantaged business concern. (3) (Complete only if offeror represented itslef as a small business concern in block (b)(1) of this section.) The offeror represents as part of its offer that it [_] is, [_] is not a women- owned small business concern. (c) Definitions. "Joint venture," for purposes of a small disadvantaged business (SDB) set-aside or price evaluation preference (as pescribed at l3 CFR l24.32), is a concern that is owned and controlled by one or more socially and economically disadvantaged individuals entering into a joint venture agreement with one or more business concerns and is considered to be affiliated for size purposes with such other concern(s). The combined annual receipts or employees of the concerns entering into the joint venture must meet the applicable size standard corresponding to the SIC code designated for the contract. The majority of the venture's earnings must accrue directly to the socially and economically disadvantaged individuals in the SDB concern(s) in the joint venture. The percentage of the ownership involvement in a joint venture by disadvantaged individuals must be at least 5l percent. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standard above. "Small disadvantaged business concern", as used in this provision, means a small business concern that (1) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more of these entities, which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR Part 124. Page 80 of 128 RFP-97-012 "Women-owned small business concern", as used in this provision, means a small business concern----- (a) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (b) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Notice. Under 15 U.S.C. 645(d), any person who misrep- resents a firm's status as a small or small disadvantaged business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall - (i) Be punished by imposition of a fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. K.17 EQUAL LOW BIDS (FAR 52.219-2) (OCT 1995) (a) This provision applies to small business conerns only. (b) The bidder status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, below, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of contract price. _____________________________________________________________ _____________________________________________________________ (c) Failure to identify the labor surplus areas as specified above preclude the bidder from receiving priority consid- eration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder Page 81 of 128 RFP-97-012 shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern. K.18 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) (APRIL 1984) The offeror represents that-- (A) It [_] has, [_] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (B) It [_] has, [_] has not filed all required compliance reports; and (C) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. K.19 AFFIRMATIVE ACTION COMPLIANCE (FAR 52.222-25) (APRIL 1984) The offeror represents that (a) it [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. K.20 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (FAR 52.223-13) (OCT 1996) (a) Submission of the certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1996. (b) By signing this offer, the offeror certifies that - |_| (1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)(42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (FR) as described in sections 313(a)(g) of EPCRA and section 6607 of PPA; or Page 82 of 128 RFP-97-012 (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the FR filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (check each block that is applicable) |_| (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c); |_| (ii) The facility does not have ten or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); |_| (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CRF 372.27, provided an appropriate certificate form has been filed with EPA); |_| (iv) The facility does not fall within Standard Industrial Classification Code (SIC) designations 20 through 39 as set forth in Section 19.102 of the Federal Acquisition Regulation; |_| (v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Somoa, the United States Virgin Islands, and the Northern Mariana Islands, or any other terrotories or possession over which the United States has jurisdiction. (End of Provision) K.21 POST EMPLOYMENT CONFLICT OF INTEREST (ED 310-16) (MARCH 1985) The contractor certifies that in developing a proposal in response to the solicitation for this contract, it has not utilized the services of any former Education Department (ED) employee who, while working for the Government, participated personally and substantially in, or was officially responsible for, the development or drafting of the solicitation for this contract. The contractor further certifies that it did not utilize the services of such an ED employee in assisting or representing the offeror at negotiations for this contract. K.22 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS. (FAR 52.209-5) (MAY 1989) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- (A) Are ( ) are not ( ) presently debarred, suspended, proposed Page 83 of 128 RFP-97-012 for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The Offeror has ( ) has not ( ), within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed Page 84 of 128 RFP-97-012 when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. K.23 TAXPAYER IDENTIFICATION (FAR 52.204-3) (SEPTEMBER 1989) (a) Definitions. "Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services. "Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns. (b) The offeror is required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to reporting requirements described in 4.902(a), the failure or refusal by the offeror to furnish the information may result in a 20 percent reduction of payments otherwise due under the contract. (c) "Taxpayer Identification Number (TIN). ( ) TIN: _______________. ( ) TIN has been applied for. ( ) TIN is not required because: ( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.; ( ) Offeror is an agency or instrumentality of a foreign government; ( ) Offeror is an agency or instrumentality of a Federal, state, or local government; ( ) Other. State basis. __________. (d) "Corporate Status". ( ) Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services; Page 85 of 128 RFP-97-012 ( ) Other corporate entity; ( ) Not a corporate entity; ( ) Sole proprietorship ( ) Partnership ( ) Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a). (e) "Common Parent". ( ) Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause. ( ) Name and TIN of common parent: Name _________________________ TIN _________________________ K.24 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11) (APRIL 1991) (Note: This certification is only applicable to proposals or pending contract awards exceeding $100,000 in value and shall only cover activities occurring from December 23, 1989 on.) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation; are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief on or after December 23, 1989, (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose Page 86 of 128 RFP-97-012 accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. K.25 ORGANIZATIONAL CONFLICTS OF INTEREST CERTIFICATE -- MARKETING CONSULTANTS (FAR 52.209-7) (OCTOBER 1995) (A) Definitions. (1) Marketing consultant means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a government contract by that offeror. An independent Contractor is not a marketing consultant when rendering -- (i) Services excluded in subpart 37.2; (ii) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities); (iii) Routine legal, actuarial, auditing,and accounting services; or (iv) Training services. (2) Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. (B) An individual or firm that employs, retains, or engages contractually one or more marketing consultants in connection with a contract, shall submit to the contracting officer, with respect to each marketing consultant, the certificates described below, if the individual or firm is notified that it is the apparent successful offeror. (C) The certificate must contain the following: (1) The name of the agency and the number of the solicitation in question. (2) The name, address, telephone number, and federal taxpayer Page 87 of 128 RFP-97-012 identification number of the marketing consultant. (3) The name, address and telephone number of a responsible officer or employee of the marketing consultant who has personal knowledge of the marketing consultants involvement in the contract. (4) A description of the nature of the services rendered by or to be rendered by the marketing consultant. (5) The name, address, and telephone number of a responsible officer or employee of the marketing consultant who is knowledgeable about the services provided to such client(s), and a description of the nature of the services rendered to such client(s), if based on information provided to the Contractor by the marketing consultant, any marketing consultant rendering or, in the 12 months preceding the date of the certificate, has rendered services respecting the same subject matter of the instant solicitation, or directly relating to such subject matter, to the Government or any other client (including any foreign government or person). (6) A statement that the person who signs the certificate for the prime Contractor has informed the marketing consultant of the existence of subpart 9.5 and Office of Federal Procurement Policy Letter 89-1. (7) The signature, name, title, employer's name, address, and telephone number of the persons who signed the certificates for both the apparent successful offeror and the marketing consultant. (D) In addition, the apparent successful offeror shall forward to the Contracting Officer a certificate signed by the marketing consultant that the marketing consultant has been told of the existence of subpart 9.5 and Office of Federal Procurement Policy Letter 89-1, and the marketing consultant has made inquiry, and to the best of the consultant's knowledge and belief, the consultant has provided no unfair competitive advantage to the prime Contractor with respect to the services rendered or to be rendered in connection with the solicitation, or that any unfair competitive advantage that, to the best of the consultant's knowledge and belief, does or may exist, has been disclosed to the offeror. (E) Failure of the offeror to provide the required certifications may result in the offeror being determined ineligible for award. Misrepresentation of any fact may result in the assessment of penalties associated with false certifications or such other provisions provided for by law or regulation. K.26 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (FAR 52.203-8) (JAN 1997) (a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 Page 88 of 128 RFP-97-012 of the Office of Federal Procurement Policy Act (4l U.S.C. 423) (the Act), as amended by section 4304 of the l996 National Defense Authorization Act for Fiscal Year l996 (Pub. L. l04-l06), the Government may - (l) Cancel the solicitation, if the contract has not yet been awarded or issued; or (2) Rescind the contract with respect to which - (i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27 (a) or (b) of the Act for the purpose of either - (A) Exchanging the inforamtion covered by such subsections for anything of value; or (B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or (ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsections 27(e)(l) of the Act. (b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract. (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract. (End of clause) K.27 ORGANIZATIONAL CONFLICT OF INTEREST (EDAR 3452.209-70) (AUG 1987) The offeror certifies that it [__] is [__] is not aware of any potential organization conflict of interest that it may have under this procurement. If the offeror is aware of any potential conflict of interest, the offeror shall submit a disclosure statement fully describing the situation. An organizational conflict of interest is as defined and illustrated in FAR 9.5. K.28 CLEAN AIR AND WATER CERTIFICATION (FAR 52.223-1) (APRIL 1984) The Offeror certifies that-- Page 89 of 128 RFP-97-012 (A) Any facility to be used in the performance of this proposed contract is [_], is not [_] listed on the Environmental Protection Agency List of Violating Facilities; (B) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (C) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. K.29 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (52.230-1) (APR 1996) NOTE: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III. Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively. I. DISCLOSURE STATEMENT-COST ACCOUNTING PRACTICES AND CERTIFICATION (a) Any contract in excess of $500,000 resulting from this solicitation, except contracts in which the price negotiated is based on (1) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (2) prices set by law or regulation, will be subject to the requirements of the Cost Accounting Standard Board 48 CFR, Chapter 99, except for those contracts which are exempt as specified in 48 CFR 9903.201-1. (b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR, Chapter 99, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. CAUTION: In the absence of specific regulations or agreement, Page 90 of 128 RFP-97-012 a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data. (c) Check the appropriate box below: ___(1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) original and one copy to the cognizant Administrative Contracting Officer (ACO), or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant Federal auditor. (Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.) Date of Disclosure Statement: _______________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________ The offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement. ___(2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that Disclosure Statement was filed as follows: Date of Disclosure Statement: _______________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________ Page 91 of 128 RFP-97-012 The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement. ___(3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $25 million (of which at least one award exceeded $1 million) in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. ___(4) Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement. CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $25 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded. II. COST ACCOUNTING STANDARDS-ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified provisions of 48 CFR, Subpart 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause. ___ The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (i) during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror Page 92 of 128 RFP-97-012 received less than $25 million in awards of CAS-covered prime contracts and subcontracts, or the offeror did not receive a single CAS-covered award exceeding $1 million. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. CAUTION: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $25 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $25 million or more. III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts. ___ YES ___ NO (End of Provision) ALTERNATE I (APR 1996). As prescribed in 30.201-3(b), add the following subparagraph (c)(5) to Part I of the basic provision: [__] (5) Certificate of Disclosure Statement Due Date by Educational Institution. If the offeror is an educational institution that, under the transition provisions of 48 CFR 9903.202-1(f), is or will be required to submit a Disclosure Statement after receipt of this award, the offeror hereby certifies that (check one and complete): [__] (i) A Disclosure Statement Filing Due Date of ____________________ has been established with the cognizant Federal agency. [__] (ii) The Disclosure Statement will be submitted within the 6-month period ending ____________ months after receipt of this award. Name and Address of Cognizant ACO or Federal Official Where Disclosure Statement is to be Filed: __________________________________________________ __________________________________________________ __________________________________________________ Page 93 of 128 RFP-97-012 __________________________________________________ Page 94 of 128 RFP-97-012 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.1 TYPE OF CONTRACT (ED 311-1) (MARCH 1986) The Government contemplates award of a Cost Reimbursement type L.2 SUBMISSION OPTION The Government plans to award either two separate contracts, one for one for the National Test in Mathematics (NTM), or a single combined The provision titled žComparison of Separate and Combined Offers and this RFP explains how the Government will make the selection. An offeror may submit a single proposal for either the NTR or a proposals for both. An offeror submitting proposals in both areas proposal. If the offeror would like to be considered for a single the NTM, the offeror shall submit: ž Separate offers for both NTR and NTM ž An additional separately bound žCombined Contract Offerž o A technical proposal referencing its NTR and NTM technical describing what the offeror will do differently if awarded combined. o An explanation of the technical and administrative benefits two tests into a single contract performed by the offeror. o A cost proposal for the combined contract, prepared in žBusiness Proposal Instructionsž in Section L of this RFP. o An explanation of the areas in which costs of a combined offeror proposed for each separate contract. o Additional information to demonstrate that the contractor the NTM simultaneously. L.3 INCREMENTAL FUNDING (EDAR 3452.232-71) (AUG 1987) (A) Sufficient funds are not presently available to cover the total cost of the complete project described in this solicitation. However, it is the Government's intention to negotiate and award a contract using the incremental funding concepts described in the clause entitled "Limitation of Funds" in FAR 52.232-22. Under that clause, which will be included in the resultant contract, initial funds will be obligated under the contract to cover an estimated base performance period. Additional funds are intended to be allotted to the contract by contract modification, up to and including the full estimated cost of the entire period of performance. This intent notwithstanding, the Government will not be obligated to reimburse the contractor for costs incurred in excess of the periodic allotments, nor will the contractor be obligated to perform in excess of the amount allotted. (B) The Limitation of Cost clause in FAR 52.232-20 shall supersede the Limitation of Funds clause in the event the contract becomes fully funded. Page 95 of 128 RFP-97-012 L.4 GENERAL INSTRUCTIONS (ED 311-2) (FEB 1996) The following instructions establish the acceptable minimum requirements for the format and content of proposals: Your special attention is directed to the requirements for technical and business proposals and past performance report to be submitted in accordance with these instructions. Any resultant contract shall include the general provisions applicable to the selected offeror's organization and type of contract awarded. Copies of general provisions may be obtained by contacting the Contracting Officer. Any additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of execution of the proposed contract, will be included. The proposal must be prepared in three parts: A "Technical Proposal," "Business Proposal," and a "Past Performance Report." Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. The technical proposal must not contain reference to cost; however, resource information, such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the technical proposal so that your understanding of the scope of the work may be evaluated. It must disclose your technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements of the technical proposal instructions. The proposal must be signed by an official authorized to bind your organization. You must submit an original and 12 copies of your technical proposal and an original and 4 copies of your business proposal and an original and one copy of your past performance report to: U. S. Department of Education Application Control Center GSA Building, Room 3633 (Mail Stop 4725) 7th & D Streets, S.W. Washington, D. C. 20202 Hand-carried proposals must be delivered by entering through the 'D' Street entrance of the building and stopping at the Guard's Desk. Offerors are directed to call the Application Control Center (ACC) at 708-8493. Offerors should indicate for which RFP number they are submitting a proposal and should have proper identification. Offerors will be required to sign in and be escorted to ACC where the proposal will be officially received. Offerors should consider this delay in meeting the time specified for proposal receipt. You may, at your discretion, submit alternate proposals, or proposals which deviate from the requirements; PROVIDED, that you also submit a proposal for performance of the work, as specified in the statement of work. These proposals may be considered if overall performance would Page 96 of 128 RFP-97-012 be improved or not compromised and if they are in the best interest of the Government. Alternate proposals, or deviations from any requirements of this RFP, must be clearly identified. The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this request for proposals. Offerors are encouraged to submit proposals on recycled paper with a high post-consumer waste content. It is understood that your proposal will become part of the official contract file. The RFP does not commit the Government to pay any cost for the preparation and submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. To assist you in the preparation of your proposal, the Government estimates the effort to perform this contract to be as stated below. These numbers are furnished for the offeror's information only and are not considered restrictive for proposal purposes. Labor Category Staff Hours 1. L.5 TECHNICAL PROPOSAL INSTRUCTIONS (ED 311-3) (MARCH 1986) Proposals which merely offer to conduct a program in accordance with the requirements of the Government's scope of work will not be eligible for award. You must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives. A detailed work plan must be submitted indicating how each aspect of the statement of work is to be accomplished. Your technical approach should be in as much detail as you consider necessary to fully explain your proposed technical approach or method. The technical proposal should reflect a clear understanding of the nature of the work being undertaken. The technical proposal must include information on how the project is to be organized, staffed, and managed. Information should be provided which will demonstrate your understanding and management of important events or tasks. You must explain how the management and coordination of consultant and/or subcontractor efforts will be accomplished. The technical proposal must include a list of names and proposed duties of the professional personnel, consultants, and key Page 97 of 128 RFP-97-012 subcontractor employees assigned to the project. Their resumes should be included and should contain information on education, background, recent experience, and specific requirement related or technical accomplishments. The approximate percentage of time each individual will be available for this project must be included. The proposed staff hours for each of the above individuals should be allocated against each task or subtask for the project. The technical proposal must provide the general background, experience, and qualifications of the organization. Similar or related contracts, subcontracts, or grants should be included and contain the name of the customer, contract or grant number, dollar amount, time of performance, and the names and telephone numbers of the contracting officer's technical representative or project officer and contracting/grants officer. The technical proposal must contain a discussion of present or proposed facilities and equipment which will be used in the performance of the contract. The technical proposal must be prepared and submitted in the following format: PROPOSAL REQUIREMENTS A. Organization and Content of Proposal A.1 Technical Proposal The Technical Proposal should be organized into the following sections: Table of Contents, Introduction, Statement of Work, Project Management, Proposed Staff Related Experience, and Related Corporate Experience. Specific requirements for each section are discussed in greater detail in the following paragraphs. A.1.1 Table of Contents The Table of Contents should provide an easy means to identify major points of discussion. A.1.2 Introduction The Introduction should demonstrate the offeror's understanding of the purposes, methodology, and products of the project, and should include a short summary of the offeror's qualifications and unique strengths related the work outlined in the RFP. A.1.3 Statement of Work The Statement of Work section should correspond to the Statement of Work section in this document. The offeror's Statement of Work expands upon each of the tasks and subtasks outlined in the corresponding section of the RFP and discusses procedural issues related to completing each task in according to timelines. The offeror's plan for carrying out each task, including the naming of staff members who will play a major role in completing the task, must be clearly stated. Offeror should address how they will accomplish the optional tasks. Any variations to the tasks and subtasks defined herein are to be accompanied by a rationale. If the variation affects the overall cost of the study, this should be indicated in the technical proposal and alternative designs should be separately costed in the cost proposal. Offerors are encouraged to propose alternatives that, if adopted, would improve upon the study or reduce the costs. However, for evaluation purposes, the offeror shall submit a proposal to perform the work as specified in this document. Offerors are to thoroughly address all tasks and subtasks listed in the Statement of Work section of this RFP. Specific instructions and additional information for some of the tasks are listed below. Task 1. Initiate Project 1. Submit general management and monthly progress reports The offeror should describe in detail and submit a detailed tentative master schedule for all activities to be performed during the life of the contract. Included on the file will be a task-by-task description of all events to be performed in the project, including starting dates, milestones, and completion dates of the various components of each task. The Department of Education is currently considering moving the administration of the NTR/NTM from spring to fall, in which case the first operational administration of the NTR/NTM would shift from spring 1999 to fall (October or November) 1999. The timing of the pilot and field tests would shift accordingly, so that the field test would move from spring 1998 to fall 1998, with the pilot occurring some time before the field test. The offeror is to write the proposal assuming a spring 1999 administration cycle; however, the offeror should propose an alternate schedule that would result from shifting from a spring to fall testing cycle. The offeror should also discuss any impact of the alternate schedule on procedures, staffing and/or cost. 2. Establish subject-specific advisory panel The offeror should submit a preliminary list of potential advisory panel members with justifications. The offeror should identify the institutional affiliation of each potential panel member, along with a brief biographical sketch highlighting expertise and prior work related to the substantive and methodological needs of this endeavor. The proposal should include a draft agenda for the first advisory panel meeting. The offeror should recommend a schedule of panel meetings in keeping with the overall plans presented in its proposal. It is preferable that the panels meet in Washington DC, unless the offeror provides reasons to do otherwise. 3. Design pilot and field tests The offeror should describe in detail, a design for the pilot test and a design for the field test to result in the necessary forms for the 1999 operational administration of the NTM/NTR. Each design proposal should include the anticipated number of items and test forms, and the sampling plan. The contractor should describe in detail the possibility for opersampling in the field test for race/ethnicity, students with disabilites (including the different types of disabilities and/or different types of a accomodations), and LEP's. The offeror should describe in detail an efficient and non-intrusive method for collecting student background information to enable the DIF analyses, and the degree to which such analyses would be feasible given sample sizes. This should describe parameters for Department use. Task 2 Develop 1999 Items Write test items The offeror should describe in detail the development, security, and maintenance of item test bank(s). The offeror should demonstrate that items will be developed by individuals who possess the required level of content knowledge (mathematics for the NTM and reading for the NTR) and testing expertise. The process for the content advisory panel review of all items should also be described. The offeror should also to address methods for accomplishing this task in the short time frame. Conduct Cognitive Labs The offeror should describe in detail cost-effective means to identify the cognitive properties of test items using think-aloud cognitive lab pilots. This section should describe the sample of students, the cognitive lab procedures that will be used, qualifications of staff who will conduct the labs and interpret the findings, how the information will be used for item development, and the offeror's prior experience conducting think-aloud cognitive lab sessions. Develop Scoring Criteria The offeror should recommend and provide a detailed rationale for the type of scoring rubrics to be used for the constructed response items (e.g., holistic vs. analytic, general vs. item-specific). This section should include a description of how the rubrics will be developed, and other necessary scoring materials that will be needed to accompany the rubrics (e.g., anchor papers, training papers). The offeror should also describe procedures for developing, field testing, and revising scoring criteria. Develop Appropriate Accommodations for Students with Disabilities and Limited English Proficiency It is important that the NTM/NTR be maximally inclusive of all student populations. Methods for instructing schools to include all student populations in the pilot test should be discussed in detail in this section. The offeror should propose in detail methods for determining appropriate accommodations for students with disabilities and LEP students for the NTR/NTM, allowing for national input. The offeror should anticipate accommodations that will be offered for the operational test, and discuss in detail procedures for providing those accommodations for the pilot test. The contractor shall not be required to produce non-standard test materials for the pilot test (i.e., Braille & large print for the NTM/NTR; audio & bilingual Spanish/English for the NTM) though these non-standard test materials will be required for the field test and operational test. Prepare Informational Materials The offeror should describe in detail a design for the informational materials, including a description of the appearance and content. It should be assumed that the Government Printing Office (GPO) will do the printing; the contractor will be responsible for distributing the printed materials to the education agencies. Establish School Participation This section should describe in detail the number of schools that will be needed for the pilot test and specific plans for securing the cooperation of the necessary number of schools within the time frame of a few months. The offeror should propose a detailed plan for securing the cooperation of local test coordinators to make local arrangements for pilot testing. Pilot Test Booklets The contractor should describe in detail the features of the scannable, consumable pilot test booklets. Printing of the pilot test booklets will be done by GPO; the contractor will be responsible for distributing the pilot test booklets to participating education agencies. Administration Procedures and Training The offeror should describe in detail the training procedures for pilot test administrators and the logistics of how that training will be accomplished. The contractor will be responsible for developing the administration training manual; GPO will be responsible for printing; and the contractor for distributing. Implement Receipt Control System The offeror should describe in detail a receipt control system at its facilities. The offeror should describe in detail the events and activities that will be monitored by this system and describe how the system's files will be maintained. Evaluate and Revise Test Items In this section, the offeror should describe in detail the appropriate item analyses to evaluate the quality and appropriateness of pilot test items. The offeror is encouraged to propose t additional analyses to those listed in this document that would be useful for identifying items with the best psychometric properties. Task 3 1999 Field Test Preparation Appropriate Test Accommodations for Students with Disabilities and Limited English Proficiency The offeror should describe in detail procedures for ensuring that appropriate accommodations are available during the field test. The offeror should address in detail the procedures for preparing the Braille and large print versions of all of the field test forms for the NTM/NTR. In addition, for the NTM, procedures for creating the bilingual (English/Spanish) and audio cassette versions of all of the field test forms should be described in detail. Task 4- Conduct 1999 Field Test Operations Establish Reporting Plans and Metric The offeror should describe in detail and suggest one or more reporting metrics for the NTR/NTM that are intuitively understandable to the public, along with justification for using the particular metric. The goal is to avoid difficult-to-interpret scale scores. The offeror should discuss in detail a process for conducting parent focus groups (including a description of the parent sample, staff who will conduct the focus groups, background experience of the corporation in conducting focus groups) and how the focus group findings will be used to help determine the best reporting metric. The contractor should discuss in detail and recommend in the proposal an appropriate plan for reporting field test results back to the individual students who participated. This recommendation should include a detailed discussion of the kinds of scores/information that could be reported back to students/parents, the time frame for producing those reports, and any limitations associated with interpretation of the individual field test scores. Score Field Test Booklets The offeror should describe in details the procedures for machine-scoring the multiple choice items. The offeror should also to describe, in detail, the procedures for scoring the constructed response items, including methods for ensuring high inter-rater reliability. This section should include a detailed discussion of how scorers will be trained and monitored to ensure reliability. Safeguard Test Instruments and Records The offeror should describe in details the facilities and procedures for ensuring the security of the returned test booklets. Prepare and Document Data Files The offeror should describe in detail the procedures for creating and maintaining the field test data files. The offeror should also to describe the system of statistical quality control. Analyze Field Test Data The offeror should propose all of the item/test statistics that will be produced, including but not limited to those specified in this SOW. The offeror is encouraged to expand on the initial suggestions for psychometric procedures specified under Task 4.6, and to recommend alternative methodologies. Coordinate with Linking Contractor The offeror should suggest in detail procedures for coordinating efforts with the linking contractor in order to provide the necessary linking data. Equate Test Forms The offeror should propose in detail the psychometric methods for scaling and equating equivalent test forms. The offeror should describe in detail the design, procedures, and analyses that will be required to maintain a stable scale across years. The offeror should propose a detailed plan for building the necessary links for equating 1999, 2000, and 2001 test booklets, and propose a system for checking on scale drift. Task 5 - 1999 Final Operations For each of the subtasks under Task 5, the offeror should describe in detail procedures for creating products for the operational test in camera ready copy to be provided to the licensing contractor. The licensing contractor shall coordinate the printing, distributing, scoring, analyzing, reporting and administering of the operational NTR/NTM. For each of the subtasks under Task 5, the offeror should describe in detail the procedures for determining the content and design of the following documents for the operational test: informational packet (Task 5.1); sample test (Task 5.2); operational test booklets (5.3); training manual for test administrators (Task 5.4); scoring training guide, rubrics and calibration papers (Task 5.5); test reporting guidelines (Task 5.6); test utilization guide (Task 5.7); and test accommodations guidelines (Task 5.7). Several of these subtasks are described as requiring a consensus process, in which case the offeror should describe procedures for achieving this. The offeror should also to discuss in detail procedures for coordinating with the licensing contractor. Tasks 6-14 The offeror should propose a detailed plan, detailed time line, and detailed estimated costs for selecting and/or developing enough items for development of operational forms after spring, 1999. The plan should specify in detail how the offeror proposes to pilot new items and equate subsequent forms. This plan for additional item selection and/or development shall meet the same requirements for selection and/or development as the initial items. Task 15 - Provide Research and Validation Support The offeror should propose in detail an ongoing research agenda for the life of the contract, so that two studies are completed each year. The first two research studies to be conducted the first year of the contract are to address: 1) comparability of tests administered under non-standard conditions, and 2) validation of test uses. The offeror should propose in detail a specific study or several alternative studies to address each of these issues that could feasibly be conducted and completed during the first year of the contract. The offeror should also to provide in the proposal an detailed outline of proposed studies to be conducted each subsequent year of the contract. The offeror is encouraged to propose additional or alternative research topics to those listed under Task 15. In proposing this research agenda, the offeror should consider which issues are most crucial for directing test development activities. Justification for the proposed studies should be provided in detail.. A.1.4 Proposed staff related experiences The Proposed Staff Related Experience section should contain a summary for each proposed key staff member that indicates how his/her prior work experiences and educational background relates to his/her proposed role on the NTR/NTM. Offerors are encouraged to submit current vitae for each staff member proposed for the project. The vitae should document only directly related experience, educational background, publications, and professional activities. Each vitae must list (1) each degree earned (along with the date when each was confirmed, the confirming institution, and the major field of study); 2) no more than four prior/current work or project experiences; and 3) no more than 10 publications and professional presentations. Offerors should not submitting general vitae or vitae that do not clearly identify the information identified above. For proposed staff that are not currently employed by the corporation, a letter of commitment should be included. Any changes or substitutions of the key personnel will require advance approval by the Contracting Officer in consultation with the OERI COTR. A.1.5 Related corporate experience The Related Corporate Experience section should describe in detail the offeror's capability and experience in all areas related to conducting a large-scale, national testing program, including expertise in: creating test items and forms, designing and conducting national pilot and field tests, developing and using computer technology and software systems in support of large-scale data collection, scoring, designing test booklets, content area expertise (mathematics for the NTM, reading for the NTR), convening advisory groups, and creating informational materials. Offerors should include detailed evidence of its prior and ongoing corporate projects are demonstrative of its expertise in the tasks required for this project. One page abstracts of related work should be included which clearly identify the relevance to the NTR/NTM project. The abstracts should include the name, current affiliation, and current telephone number of the sponsor's COTR. These COTRs may be asked to report their experience on the project (e.g., responsiveness, flexibility, problems, product quality.) The corporate experience section should contains a description of the approach that the offeror will use to provide corporate oversight for the NTR/NTM. This section should include detailed information on how project expenditures will be monitored and controlled. The specific steps that the offeror will take to insure the quality of the work and products of its staff, and to identify problems in performance should be clearly defined. Page 98 of 128 RFP-97-012 L.5 PAST PERFORMANCE REPORT (ED 314-1) (MAR 1996) Each offeror shall submit the following information as a separately bound part of its proposal for both the offeror and proposed major subcontractors. Major, as defined here and in the remainder of sections L and M regarding past performance, is any subcontractor that is subcontracted for a minimum of 25% of the total contract amount. If the offeror has no relevant corporate or organizational past performance, the offeror may substitute past performance of its management or proposed key personnel. Subcontractors who submit the past performances form must have the prime contractors', for whom they are subcontracting with in this procurement, name on the form also. A. Each offeror shall submit information about its most recent four contracts, completed in the last three years or currently in process, which are of similar size, scope, complexity or, in any way, are relevant to the effort required by this solicitation. If the offeror's last four similar contracts are all currently in process, submit the last three similar contracts currently in process, and the most recent similar contract completed within the last three years. Contracts listed may include those entered into by the Federal Government, agencies of State and local governments and commercial customers. Contracts with the parent or an affiliate of the offeror may not be used. Include the following information for each contract and subcontract: 1. Identification a. Name of the contracting activity b. Program title or product name c. Contract number d. Contract type e. Period of performance, including all option periods f. Contract Value: (1) Initial projected total contract amount including all option periods (2) Final or current projected total contract amount including all option periods g. Points of Contact (1) Contracting officer and telephone and fax number and e-mail address (if known) (2) Administrative contracting officer, if different from above, and telephone and fax number and e-mail address (if known) (3) Program manager, COTR or technical officer and telephone and fax number and e-mail address (if known) 2. Work performed and relevance a. Brief synopsis of work performed b. Brief discussion of how the work performed is relevant to the statement of work in this solicitation Page 108 of 128 RFP-97-012 c. Brief, specific examples of the offeror's high quality performance 3. If any of the listed contracts are award-fee or incentive contracts, include a table showing fees awarded and the minimum and maximum available fee for each period. 4. Paragraph E. below requires you to send a copy of the "Contractor Information Form" to each of your references. In your past performance report, include: a. The date you sent the "Contractor Information Form" to each reference. b. How you sent it (e.g., fax, mail, express delivery service, courier, e-mail, etc.). c. To whom you sent it including telephone and fax number and e-mail address (if known). B. The offeror may provide information on problems encountered on the contracts and subcontracts identified in A above and corrective actions taken to resolve those problems. Other than the information requested in A above, offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references. C. Offerors should understand the difference between experience and past performance. Experience reflects the offeror's capability of performing a requirement. Past performance reflects how well it has performed similar requirements. In assessing past performance, the quality of the offeror's past performance is of primary significance, not the quantity of previous contracts performed. An offeror's experience will be evaluated in the technical proposal. For further guidance on including information on experience or how experience will be evaluated refer to the technical proposal instructions and evaluation criteria. D. The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the product or service required. Such awards or certifications include, for example, the Malcolm Baldrige Quality Award, other government quality awards, and private sector awards or certifications (e.g., the automobile industry's QS 9000, Sematech's SSQA, or ANSI/EIA-599). Identify which segment of the company (one division or the entire company) received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply. Information about awards will be considered in evaluation of each of the past performance Page 109 of 128 RFP-97-012 subfactors described in Section M. The offeror may describe how the award relates to one or more of the subfactors. E. No later than the date proposals are due under this solicitation (see Block 9 of Standard Form 33), send a copy to each of your four references of the "Contractor Performance Information" form attached to this solicitation. Ask each reference to complete the form and return it to the contracting officer as prescribed on the form. Completed forms from references are due l0 calendar days after the date proposals are due under this solicitation. Request that the reference please return the completed form to the contracting officer by this date. Do not ask the reference to give you a copy of the completed form or any information therefrom. F. Each offeror will be evaluated on its performance under existing and prior contracts for similar products or services. Performance information will be used for both responsibility determinations and as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the government. The government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The "Contractor Performance Information" form identified in Section J will be used to collect this information. References other than those identified by the offeror may be contacted by the Government with the information received used in the evaluation of the offeror's past performance. L.6 BUSINESS PROPOSAL INSTRUCTIONS (ED 311-4A) (JUL 1996) The offeror(s) business proposal must contain the following information. This RFP may contain additional RFP-specific business proposal instructions elsewhere in Section L or in Section J. A. Standard Form 33, "Solicitation, Offer and Award", the Special Provision article entitled "Contract Administrator," and "Representations, Certifications, and Other Statements of Offerors or Quoters of Section K" must be properly filled out and signed by an official authorized to bind the offeror. Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFP. B. The information, if any, required by the provision FAR 52.215-41, "Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, Alternative IV" as incorporated in Section L of this solicitation. C. Property and equipment - It is ED policy that contractors provide all equipment and facilities necessary for performance of contracts; however, in some instances, an exception may be granted to furnish Government-owned property or to authorize purchase with contract funds. If additional equipment must be acquired, you must include in your proposal the description and estimated cost of each Page 110 of 128 RFP-97-012 item, and whether you propose to acquire the item with your own funds. The description shall include the following elements for individual items which will exceed $1,000 in cost: (1) A brief statement of function; (2) manufacturer and manufacturer's brand name, model or part number; and (3) vendor and its proposed price. You must identify all Government-owned property in your possession and all property acquired from Federal funds, to which you have title, that is proposed to be used in the performance of the prospective contract. D. Other Administrative Details: (1) The proposal shall list the names and telephone numbers of persons authorized to conduct negotiations. (2) Block 12 of Standard Form 33 must contain a Statement to the effect that your offer is firm for a period of at least 90 calendar days from the date of receipt of offers specified by the Government. E. Responsibility of Prospective Contractor - In order for an offeror to receive a contract, the contracting officer must first make an affirmative determination that the prospective contractor is responsible in accordance with the provisions of FAR 9.104. To assist the contracting officer in this regard, the offeror shall supply sufficient categorical descriptions and statements to establish the following: (1) The offeror's financial capability; including detail for the accounting system and controls employed by the offeror; (2) the offeror's capability to meet delivery or performance schedules; (3) the offeror's record of business integrity; (4) the offeror's possession of necessary organizational experience, technical skills or the ability to obtain them; (5) the offeror's possession of necessary facilities; or the ability to obtain them; and (6) the offeror's compliance with subcontract requirements; and (7) any other special considerations involved in the acquisition. F. The attached vendor payment Enrollment Form is not required to be submitted with your proposal. However, be aware, that should you Page 111 of 128 RFP-97-012 be awarded this contract, a properly completed Enrollment Form must be submitted to the contracting officer within 5 days of contract award. Please ensure that you have available the financial information required on the form, as payment on this contract will be accomplished through EFT. NOTE: THESE DESCRIPTIONS AND STATEMENTS SHOULD ALSO BE INCORPORATED IN THE TECHNICAL PROPOSAL, AS CONDUCIVE OF SEPARATE EXAMINATION BY THE TECHNICAL EVALUATORS DURING THE PROCESS OF TECHNICAL EVALUATION. L.7 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (FAR 52.215-41, ALTERNATE IV) (OCT 1995) (a) Submission of cost or pricing data is not required. (b) Provide information described below: As part of its business proposal, the offeror shall submit information to help the contracting officer determine the reasonableness of the proposed price and assess cost realism. The offeror should include at least the following information: The estimated cost and fixed-fee (if any) for the base contract period and for any option periods; Salaries of proposed key personnel; Number of hours proposed for key personnel; Indirect cost rates used in preparing the cost proposal; Any property or equipment costing over $l,000 proposed for purchase; and Significant assumptions used, such as inflation rates for subsequent years. The offeror may use Standard Form l448, Proposal Cover Sheet (Cost or Pricing Data Not Required) or its own format for this information. Instructions for completing SF l448 are in Table l5-3 at FAR l5.804-6. The offeror may include other information to show that the offeror can complete the work at the proposed price. The contracting officer reserves the right to require cost or pricing data if the contracting officer subsequently determines that none of the exceptions under FAR l5.804-l apply and that the contract amount exceeds the threshold at FAR l5.804-2(a)(l). (End of provision) Page 112 of 128 RFP-97-012 L.8 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING PLAN (FAR 52.219-9) (OCT 1995) (a) This clause does not apply to small business concerns. (b) "COMMERCIAL PRODUCT," as used in this clause, means a product in regular production that is sold in substantial quantities to the general public and/or industry at established catalog or market prices. It also means a product which, in the opinion of the Contracting Officer, differs only insignifi- cantly from the contractor's commercial product. "SUBCONTRACT," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. (c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, which separately addresses subcontracting with small business concerns, with small disadvantaged business concerns and with women-owned small business concerns. If the offeror is submit- ting an individual contract plan, the plan must separately address subcontracting with small business concerns, small disadvantaged business concerns, and women-owned small business concerns with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract. (d) The offeror's subcontracting plan shall include the following: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns, small disadvantaged business concerns and women- owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. (2) A statement of: (i) Total dollars planned to be subcontracted; (ii) Total dollars planned to be subcontracted to small business concerns; (iii) Total dollars planned to be subcontracted to small disadvantaged business concerns; and (iv) Total dollars planned to be subcontracted to Page 113 of 128 RFP-97-012 women-owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to: (i) small business concerns; (ii) small disadvantaged business concerns; and (iii) women-owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Procurement Automated Source System (PASS) of the Small Business Administration, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, small disadvantaged business concerns and women-owned small business concerns trade associations). A firm may rely on PASS as its small business source list. Use of the PASS as its source list does not relieve a firm of its responsibilities (i.e., outreach, assistance, counseling, pubicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportinate share of indirect costs to be incurred with (i) small business concerns; (ii) small disadvantaged business concerns; and (iii) small women-owned business concerns. (7) The name of individual employed by the offeror who will administer the offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the offeror will make to assure that small, small disadvantaged and women-owned smaall business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will include the clause on this contract entitled "Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) who receive subcontracts in excess of $500,000 ($1,000,000 for construction of any public facility), to adopt a plan similar to the plan agreed to be the offeror. Page 114 of 128 RFP-97-012 (10) Assurances that the offeror will: (i) cooperate in any studies or surveys as may be required, (ii) submit periodic reports in order to allow the Government to determine the extent of compliance by the offeror with the subcontracting plan, (iii) submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with the instructions on the forms, and (iv) ensure that its subcontractors agree to submit Standard Form 294 and 295. (11) A recitation of the types of records the offeror will maintain to demonstrate procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of its efforts to locate small, small disadvantaged and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): (i) Source lists (e.g., PASS), guides, and other data that identify small, small disadvantaged and women-owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small, small disadvantaged and women-owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating: (a) whether small business concerns were solicited and if not, why not, (b) whether small disadvantaged business concerns were solicited and if not, why not, (c) whether women-owned small business concerns were solicited and if not, why not, and (d) if applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact: (a) trade associations, (b) business development organizations, and (c) conferences and trade fairs to locate to locate small, small disadvantaged and women- owned small business sources. (v) Records of internal guidance and encouragement provided to buyers through: Page 115 of 128 RFP-97-012 (a) workshops, seminars, training, etc., and (b) monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having company or division-wide annual plans need not comply with this requirement. (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small, small disadvantaged and women-owned small businessconcerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small, small disadvantaged, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small, small disadvantaged and women- owned small business concerns in all "make-or-buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small, small disadvantaged and women- owned small business firms. (4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, small disadvantaged or women-owned small business for the purpose of obtaining a subcontract that is to be included a part or all of a goal contained in the Contractor's subcontracting plan. (f) A master subcontracting plan on a plant or division-wide basis which contains all the elements required by (d) above, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided, (1) the master plan has been approved, (2) the offeror provides copies of the approved master plan and evidence of its approval to the Contracting Officer, and Page 116 of 128 RFP-97-012 (3) goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g) (1) If a commercial product is offered, the subcontracting plan required by this clause may relate to the offeror's production generally, for both commercial and noncommercial products, rather than solely to the Government contract. In these cases, the offeror shall, with the concurrence of the Contracting Officer, submit one company-wide or division-wide annual plan. (2) The annual plan shall be reviewed for approval by the agency awarding the offeror its first prime contract requiring a subcontracting plan during the fiscal year, or by an agency satisfactory to the Contracting Officer. (3) The approved plan shall remain in effect during the offeror's fiscal year for all of the offeror's commercial products. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i) The failure of the Contractor or subcontractor to comply in good faith with: (1) the clause of this contract entitled "Utilization of Small, Small Disadvantaged Business and Women-Owned Small Business Concerns," or (2) an approved plan required by this clause, shall be a material breach of the contract. L.9 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW (FAR 52.222-24) (APRIL 1984) An award in the amount of $1 million or more will not be made under this solicitation unless the offeror and each of its known first-tier subcontractors (to whom it intends to award a subcontract of $1 million or more) are found, on the basis of a compliance review, to be able to comply with the provisions of the Equal Opportunity clause of this solicitation. L.10 EXPLANATION TO PROSPECTIVE OFFERORS (FAR 52.215-14) (APRIL 1984) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specification, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors Page 117 of 128 RFP-97-012 before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors. L.11 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS (FAR 52.215-10) (FEB 1997) (a) Any proposal received at the office designated in the solicitation after the exact time specified for receipt of offers will not be cconsidered unless it is received before award is made and - (1) It was sent by registered or certified mail not later than the fifth calendar day before the date specified for receive of offers (e.g., an offer submitted in response to a solicitation requiring receipt of offers by the 20th of the month must have been mailed by the l5th); (2) It was sent by mail (or telegram or facsimile, if authorized) or hand-carried (including delivery by a commercial carrier) if it is determined by the Government that the late receipt was due primarily to Government mishandling after receipt at the Government installation; (3) It was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "working days" excludes weekends and U.S. Federal holidays. (4) It was transmitted through an electronic commerce method authorized by the solicitation and was received by the Government not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; (5) There is acceptable evidence to establish that it was received at the activity designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers, and the Contracting Officer determines that accepting the late offer would not unduly delay the procurement; or (6) It is the only proposal received. (b) Any modification of a proposal or quotation, including a modification resulting from the Contracting Officer's request for Page 118 of 128 RFP-97-012 "best and final" offer, is subject to the same conditions as in subparagraphs (a)(1) through (1)(5) of this provision. (c) The only acceptable evidence to establish the date of mailing of a late proposal or modification sent either by U.S. Postal Service registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the proposal, quotation, or modification shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors or quoters should request the postal clerks to place a legible hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (d) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (e) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service - Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service, "Postmark" has the same meaning as defined in paragraph (d) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offers or quoters should request the postal clerk to place a legible hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (f) Notwithstanding paragraph (A) above, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. (g) Proposals may be withdrawn by written notice or telegram (including mailgram) received at any time before award. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to conditions specified in the provision entitled "Facsimile Proposals." Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award. Page 119 of 128 RFP-97-012 L.12 FAILURE TO SUBMIT OFFER (FAR 52.215-15) (JUL 1995) Recipients of this solicitation not responding with an offer should not return this solicitation, unless it specifies otherwise. Instead, they should advise the issuing office by letter or postcard, or establish electronic commerc methods whether they want to receive future solicitations for similar requirements. If a recipient does not submit an offer and does not notify the issuing office that future solicitations are desired, the recipient's name may be removed from the application mailing list. L.13 CONTRACT AWARD (FAR 52.215-16) (OCT 1995) (A) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, cost or price and other factors, specified elsewhere in this solicitation, considered. (B) The Government may (1) reject any or all offers, (2) accept other than the lowest offer, and (3) waive informalities and minor irregularities in offers received. (C) The Government intends to evaluate proposals and award a contract after conducting written or oral discussions with all responsible offerors whose proposals have been determined to be within the competitive range. However, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. (D) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the offer. (E) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer, as provided in paragraph (D) above), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counter offer by the Government. (F) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract. However, if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished is incomplete, inaccurate, or not current. (G) The Government may determine that an offer is unacceptable if Page 120 of 128 RFP-97-012 the prices proposed are materially unbalanced between line items or subline items. An offer is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the offer will result in the lowest overall cost to the Government, even though it may be the low evaluated offer, or it is so unbalanced as to be tantamount to allowing as advance payment. (H) The Government may disclose the following information in post- award debriefings to other offerors: (1) the overall evaluated cost or price and technical rating of the successful offeror; (2) the overall ranking of all the offerors, when any ranking was developed by the agency during source selection; (3) a summary of the rationale for award; and (4) for acquisitions of commercial end items, the make and model of the item to be delivered by the successful offeror. (End of provision). L.14 PROVISION FOR EVALUATION FACTOR AMENDMENTS (ED 311-7) (MARCH 1986) It is hereby provided that the evaluation factors for award under Section M herein shall not be modified except by a formal amendment to this solicitation and that no factors other than those set in that section shall be used in the evaluation of the technical proposals. L.15 APPLICATION OF PATENT RIGHTS CLAUSE (ED 311-13) (MARCH 1987) A patent rights clause will be incorporated with the resulting contract. Designation will be among the clauses in FAR 52.227-11, -12, and -13. Designation will be made under the provisions in FAR 27.303. L.16 FORMS CLEARANCE PROCESS (ED 311-5) (MARCH 1986) Reference is made to the General Provision entitled "Paperwork Reduction Act." If the contractor has proposed the use of any plan, questionnaire, interview guide or other similar device which calls either for answers to identical questions from ten or more persons other than Federal employees or information from Federal employees which is outside the scope of their employment, any of which is to be used by the Federal Government or disclosed to third parties, clearances from the Deputy Under Secretary for Management or his/her delegate within the Department of Education and the Office of Management and Budget shall first be obtained. Those should be expected to take at least 120 days together. Offerors' proposals shall accordingly reflect that 120 day period in proposal timelines if the Paperwork Reduction Act is applicable. Page 121 of 128 RFP-97-012 L.17 SERVICE OF PROTESTS (FAR 52.233-2) (OCTOBER 1995) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO) shall be served on the Contracting Officer by obtaining written and dated acknowledgement of receipt from the individual specified in block (10) of SF33. (b) The copy of any protest shall be received in the office designated above on the same day a protest is filed with the GSBCA or within one day of filing a protest with the GAO. (c) In this procurement, you may not protest to the GSBCA because of the nature of the supplies or services being procured. L.18 STANDARD INDUSTRIAL CODE AND SMALL BUSINESS SIZE STANDARD (FAR 52.219-22) (JANUARY 1991) (a) The standard industrial classification (SIC) code for this acquisition is 8999. (b) (1) The small business size standard is $3,500,000. (2) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. L.19 SMALL BUSINESS SIZE STANDARD (ANNUAL DOLLAR RECEIPTS) - ALTERNATE 1 (ED 311-9A) (MARCH 1986) This acquisition is not a set aside for small businesses. A small business size standard, in accordance with solicitation provision FAR 52.219-22, entitled "Standard Industrial Code and Small Business Size Standard", may still apply, however. This may serve to identify small businesses under any small business subcontracting requirement or for possible consideration under the evaluation factors at Section M. L.20 FACILITIES CAPITAL COST OF MONEY (FAR 52.215-30) (SEPT 1987) (Note: This provision only applies to commercial organizations that are subject to the cost principles in FAR Subpart 31.2.) Page 122 of 128 RFP-97-012 (a) Facilities capital cost of money will be an allowable cost under the contemplated contract if the criteria for allowability in subparagraph 31.205-10(a)(2) of the Federal Acquisition Regulation are met. One of the allowability criteria requires the prospective contractor to propose facilities capital cost of money in its offer. (b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money. L.21 EXPLANATION TO PROSPECTIVE OFFERORS An prospective offeror desiring an explanation or interpretation of the solicitation, drawing specification, etc, must request it in writing within 20 days of the RFP issuance date. Requests transmitted via facsimile (fax) are acceptable to (202) 708-9817. Electronic submission or requests are encouraged and should be sent to Helen_Chang@ed.gov. Should any request for clarification be received after the date stated above, the government reserves the right to not to provide an answer. If however, in the governmentžs opinion, the request cites and issue of significant importance, the government may provide written reposes to all offerors on the solicitation list maintained at the Department. The government will not provide any information concerning requests for clarification in response to telephone calls from offerors. Oral explanations or instructions given by the government before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors in the form of a amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors. L.22 ADDITIONAL BUSINESS PROPOSAL INSTRUCTIONS 1. Offerors should provide detail in their Business Proposal the cost implication of a possible shift from the Spring to the Fall for the implication of the national testing. 2.. Offerors should submit a separate, 5 year, budget for proposed printing cost for the pilot test and field test, in the event that GPO will not print these tests. Page 123 of 128 RFP-97-012 SECTION M - EVALUATION FACTORS FOR AWARD M.1 EVALUATION FACTORS FOR AWARD (ALTERNATE I) (ED 312-2) (FEB 1996) (A) The Government will make award to the responsible offeror(s) whose offer conforms to the solicitation and is most advantageous to the Government, cost or price and other factors considered. For this solicitation, price will be a substantial factor in source selection, however quality factors (including technical merit and past performance), considered together, are significantly more important than cost or price. The contracting officer will determine whether the difference in quality is worth the difference in cost or price. (B) Past Performance 1. Each offeror's past performance will be evaluated based on the subfactors below. The past performance rating will be combined with the technical rating at a ratio of 36% past performance to technical to produce a combined quality rating. The relative importance of combined quality factors to cost or price is described in paragraph M.1(A). 2. Past performance subfactors: a. Quality of Product or Service - compliance with contract requirements - accuracy of reports - appropriateness of personnel - technical excellence. b. Problem Resolution - anticipates and avoids or mitigates problems - satisfactorily overcomes or resolves problems - prompt notification of problems - pro-active - effective contractor-recommended solutions. c. Cost Control - within budget - current, accurate and complete billings - costs properly allocated - unallowable costs not billed - relationship of negotiated costs to actual - cost efficiencies. d. Timeliness of Performance - meets interim milestones - reliable - stays on schedule despite problems - responsive to technical direction - completes on time, including wrap-up and contract administration - no liquidated damages assessed. e. Business Relations - effective management - use of performance-based management techniques - business-like concern for the customer's interests - effective management and selection of subcontractors - effective small/small disadvantaged business subcontracting program - reasonable/cooperative behavior - effective use of technology in management and communication - flexible - minimal staff turnover - maintains high Page 124 of 128 RFP-97-012 employee morale - resolves disagreements without being unnecessarily litigious. f. Customer Service - understands and embraces service and program goals - team approach with the customer - satisfaction of end users with the contractor's service - positive customer feedback - prompt responses - courteous interactions - effective escalations and referrals - initiative and proactive improvements - creative service strategies. Bonus Rating--Where the offeror has demonstrated an exceptional performance level in any of the above six subfactors, the contracting officer may give additional consideration for that factor. It is expected that this rating will be used in those rare circumstances when contractor performance clearly exceeds the performance level of "excellent." 3. Past performance evaluation will be based on information obtained from the awards and references listed in the offeror's proposal, other customers known to the Government, consumer protection organizations, and others who may have useful and relevant information. Information will also be considered regarding any major subcontractors, and key personnel records. The contracting officer will give greater consideration to information about an offeror's past performance that the contracting officer considers either more reliable or more relevant to the effort required by this solicitation. 4. Evaluation of past performance may be quite subjective, based on consideration of all relevant facts and circumstances. It will include consideration of the offeror's commitment to customer satisfaction and will include conclusions of informed judgement. 5. Award may be made from the initial offers without discussions. However, if discussions are held, offerors will be given an opportunity to discuss unfavorable past performance information obtained from references, if the offeror has not had a previous opportunity to comment on the information. The contracting officer may review recent contracts to ensure that corrective measures raised in discussions have been implemented. Prompt corrective action in an isolated instance might not outweigh an overall negative trend. 6. If an offeror, or the management or proposed key personnel for the offeror, does not have a past performance history relating to this solicitation, the offeror will receive a neutral evaluation for past performance. (C) Technical Evaluation Criteria: Page 125 of 128 Proposal Evaluation Criteria The following criteria and point values will be used to evaluate proposals submitted in response to this RFP: (Please note that the total point distribution totals 500.) 1. Quality and credibility of the General Approach and Statement of Work (225 points) Demonstrates an understanding of the psychometric, logistical, and security challenges specific to this project and proposes creative, innovative, and affordable solutions (100 points) Approach to completing each task, and the tasks as a whole, is complete and feasible within the proposed time frames (75 points) Demonstrates a familiarity with issues in psychometric theory related to education assessment (including item response theory) (50 points) 2. Qualifications, technical and managerial, of the proposed project director (75 points) Expertise in the design and conduct of large-scale educational assessment (20 points) Expertise in the development of tests of reading for the NTR or mathematics skills for the NTM of school children (20 points) Demonstrated expertise supervising the work of many professionals and monitoring the overall quality of their work on many tasks simultaneously (20 points) Demonstrated ability to adhere to project schedules, keep costs within budget, and manage subcontractors (15 points) 3. Soundness of the management plan and task/time commitments of staff (75 points) Proposed project organization demonstrates an efficient use of staff with clearly defined lines of authority and responsibilities (25 points) Demonstrates effective control of tasks and resource allocations that will ensure the timely completion of tasks/deliverables within the proposed budget (25 points) Proposes a sound and feasible approach to controlling the quality of project work and products (25 points) 4. Qualifications of the project staff (75 points) Expertise of staff matches proposed assignments (25 points) Collectively possess the technical expertise, knowledge, and experience in all areas related to the study, including: field operations, field data collection, field staff data collection training, data processing and computer applications research methodology, statistics and sampling, child assessment, reading or mathematics test development (congruent with the test for which proposal is submitted), and psychometrics (25 points) Subject matter expertise in reading that is inclusive of the range of instructional philosophies for the NTR, or subject matter expertise in mathematics that reflects an understanding of the NCTM standards for the NTM (25 points) 5. Corporate expertise, capability, and oversight (50 points) Demonstrated corporate expertise in the following areas: conduct of large-scale national studies; conduct of studies of school children; design and selection of national samples; development and use of computer technology and software systems in support of large-scale data collection; design and development of large data bases; design and use of systems for processing, documenting and maintaining large scale data bases; developing weights for complex sample designs; design of survey instruments; and the development of assessment batteries for measuring reading or mathematics ability in children (25 points) Evidence of strong corporate commitment to this project as evidenced by placement within the corporate structure, allocation and availability of appropriate corporate resources as needed (25 points), Page 127 of 128 RFP-97-012 M.2 EVALUATION EXCLUSIVE OF OPTIONS (FAR 52.217-3) (APRIL 1984) The Government will evaluate offers for award purposes by including only the price for the basic requirement; i.e., options will not be included in the evaluation for award purposes. M.3 Comparison of Separate and Combined Offers and Selection ED will initially evaluate offers for NTR and NTM separately. If an Offer,ž ED will then do an additional evaluation of this combined criteria in this RFP, ED will determine how combining the offeroržs contract would affect the technical ratings of its already evaluated will assign the offeror a combined technical rating. Thus for (Offeror Ažs Reading Technical)+ (Offeror Ažs Math Technical)+ or - (Technical Changes to Offeror Ažs Math when Combined)+ or - (Technical Changes to Offeror Ažs Reading when Combined) Equals (Offeror Ažs Combined Technical) ED will then compare the various combinations of separate offers and whether a single combined contract or two separate contracts to offer or offers for award. An offer for a single combined contract offerors for separate contracts using the following formulae: Quality: (Offeror A's Combined Technical) plus 2 times (Offeror A's Past Performance) will be compared to: (Offeror B's Reading Technical) plus (Offeror C's Math Technical) plus (Offeror B's Past Performance) plus (Offeror C's Past Performance) Cost/Price: (Offeror A's Total Cost/Price) will be compared to (Offeror B's Total Cost/Price)+(Offeror C's Total Cost/Price) Submitting an offer for a combined contract will not limit an offeror's consideration for award of a single contract for either the NTR or the NTM. For example, suppose Offeror A proposed for both NTR and NTM and submitted a combined offer, Offeror B proposed for the NTR only, and Offeror C proposed for the NTM only. Then, any of the following combinations of offers could potentially be selected for award-- o Offeror A's Combined (NTR and NTM); o Offeror B (NTR) and Offeror C (NTM); o Offeror A's NTR and Offeror C (NTM); or o Offeror B (NTR) and Offeror A's NTM. Page 128 of 128