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 97-036 X _______________________________________________________________________________ 5. DATE ISSUED 6. REQUISITION/PURCHASE NO. September 12, 1997 RK980400 _______________________________________________________________________________ 7. ISSUED BY (Hand-carried Address) 8. ADDRESS OFFER TO (If other than Item 7) U.S. Department of Education Support Services Group GSA Building, Rm 3616, MS 4447 (Same as Item 7) Seventh & D Streets, S.W. ATTN: Denise Jefferson Washington, D.C. 20202 _______________________________________________________________________________ NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". _______________________________________________________________________________ SOLICITATION 9. Sealed offers in original and 5 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 October 14, 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: Denise Jefferson B. TELEPHONE NO. (Include area code) : 202/708-9061 (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 RFP 97-036 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 ( 60 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 RFP 97-036 RFP 97-036 TABLE OF CONTENTS PAGE SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS. . . . . . . . . . . . 1 B.1 SECTION 8(A) AWARD. . . . . . . . . . . . . . . . . . . . . . . 1 (FAR 52.219-17) (DEC 1996) B.2 PROVISION FOR PRICING AND PAYMENT . . . . . . . . . . . . . . . 1 B.3 CONTRACT DEFINITION . . . . . . . . . . . . . . . . . . . . . . 2 B.4 LABOR CLASSIFICATION AND RATES. . . . . . . . . . . . . . . . . 3 B.5 MINIMUM/MAXIMUM QUANTITIES. . . . . . . . . . . . . . . . . . . 5 B.6 MATERIALS REIMBURSEMENT. . . . . . . . . . . . . . . . . . . . . 5 SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT. . . . . . . . . . 7 C.1 MAINTENANCE REQUIREMENTS. . . . . . . . . . . . . . . . . . . . 7 C.2 APPLICATION OF FEDERAL INFORMATION PROCESSING AND . . . . . . . 8 FEDERAL TELECOMMUNICATIONS STANDARDS (ED 302-1) (MARCH 1985) C.3 SCOPE OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . 8 (ED 302-2) (FEBRUARY 1985) C.4 TASK ORDER PROCEDURE. . . . . . . . . . . . . . . . . . . . . 8 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . 11 D.1 SHIPMENT AND MARKING. . . . . . . . . . . . . . . . . . . . . . 11 (ED 303-1) (MAR 1986) D.2 PACKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 (ED 303-4) (MAR 1986) D.3 F.O.B. DESTINATION. . . . . . . . . . . . . . . . . . . . . . . 11 (ED 303-2) (MAR 1986) SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . 12 E.1 INSPECTION AND ACCEPTANCE . . . . . . . . . . . . . . . . . . . 12 (ED 304-1) (FEB 1985) SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . 13 F.1 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . 13 (ED 305-5) (MARCH 1986) F.2 DELIVERABLES. . . . . . . . . . . . . . . . . . . . . . . . . . 13 (ED 305-6) (MARCH 1986) F.3 Performance Measures. . . . . . . . . . . . . . . . . . . . . . 13 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . 14 G.1 CONTRACT ADMINISTRATOR. . . . . . . . . . . . . . . . . . . . . 14 (ED 306-8) (FEB 1985) G.2 ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY. . . 14 (ED 306-2) (JAN 1989) G.3 INVOICE AND CONTRACT FINANCING REQUESTS SUBMISSION. . . . . . . 14 (ALTERNATE I) (ED 306-1A) (MARCH 1988) G.4 GOVERNMENT-FURNISHED DATA . . . . . . . . . . . . . . . . . . . 15 (ED 306-10) (APR 1984) G.5 CONTRACTOR-ACQUIRED GOVERNMENT PROPERTY . . . . . . . . . . . . 15 (ED 306-11) (MAR 1985) G.6 GOVERNMENT-FURNISHED PROPERTY . . . . . . . . . . . . . . . . . 16 (ED 306-13) (MARCH 1985) G.7 GOVERNMENT PROPERTY ADMINISTRATOR . . . . . . . . . . . . . . . 16 TABLE OF CONTENTS PAGE (ED 306-6) (DEC 1986) SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . 17 H.1 PAYMENT OF PRINTING TO BE PERFORMED BY THE. . . . . . . . . . . 17 GOVERNMENT PRINTING OFFICE (ED 307-8) (APR 1992) H.2 ORDER OF PRECEDENCE (SOLICITATION). . . . . . . . . . . . . . . 17 (ED 307-1) (NOVEMBER 1986) H.3 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS . . . . . . . 17 WITH DISABILITIES (ED 301-20) (FEB 1995) H.4 REQUIRED SUBMISSION OF INFORMATION FOR. . . . . . . . . . . . . 18 PAYMENT BY ELECTRONIC FUNDS TRANSFER (ED 307-30) (SEP 1996) H.5 MANDATORY INFORMATION FOR . . . . . . . . . . . . . . . . . . . 19 ELECTRONIC FUNDS TRANSFER PAYMENT (FAR 52.232-33) (AUG 1996) H.6 ACCESSIBILITY OF SOFTWARE (ED 316-1). . . . . . . . . . . . . . 22 H.7 PUBLICATION AND AUDIO-VISUAL PRODUCTION . . . . . . . . . . . . 24 (ED 307-7) (MAY 1997) H.8 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. . . . . . . 25 (FAR 52.223-5) (MARCH 1997) H.9 PRIVACY ACT NOTIFICATION. . . . . . . . . . . . . . . . . . . . 25 (FAR 52.224-1) (APRIL 1984) H.10 PRIVACY ACT . . . . . . . . . . . . . . . . . . . . . . . . . . 25 (FAR 52.224-2) (APRIL 1984) H.11 CONTRACTOR COMMITMENTS, WARRANTIES, AND . . . . . . . . . . . . 26 REPRESENTATIONS (ADP REQUIREMENTS) (ED 307-22) (APRIL 1984) H.12 AUTOMATED DATA PROCESSING (ADP) . . . . . . . . . . . . . . . . 27 SYSTEM SECURITY REQUIREMENTS (ED 307-13) (MARCH 1995) H.13 COMPUTER SYSTEM DESIGN AND IMPLEMENTATION REQUIREMENTS. . . . . 27 H.14 GOVERNMENT-FURNISHED COMPUTER FACILITIES. . . . . . . . . . . . 29 (ED 307-15) (JUNE 1988) H.15 ORGANIZATIONAL CONFLICTS OF INTEREST. . . . . . . . . . . . . . 30 (ED 307-17) (APR 1984) H.16 OPTION TO EXTEND SERVICES . . . . . . . . . . . . . . . . . . . 30 (FAR 52.217-8) (AUG 1989) H.17 OPTION TO EXTEND THE TERM OF THE CONTRACT. . . . . . . . . . . . 31 H.18 Key Personnel. . . . . . . . . . . . . . . . . . . . . . . . . 31 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . 32 SECTION I - CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE-ALTERNATE I . . . . . . . . . 32 (FAR 52.252-2) (JUN 1988) I.2 CLAUSES FOR A NEGOTIATED FIXED-PRICE SERVICES CONTRACT. . . . . 32 (MATRIX-C) (FEB 1997) I.2.1 FEDERAL ACQUISITION REGULATION . . . . . . . . . . . . . . . 32 (48 CFR CHAPTER 1) CLAUSES I.2.2 DEPARTMENT OF EDUCATION ACQUISITION REGULATION (EDAR). . . . 38 (48 CFR CHAPTER 34) CLAUSES I.2.3 ADDITIONAL CLAUSES . . . . . . . . . . . . . . . . . . . . . 38 I.3 CLAUSES INCORPORATED BY REFERENCE . . . . . . . . . . . . . . . 38 I.4 Ordering. . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 I.5 Indefinite Quantity . . . . . . . . . . . . . . . . . . . . . . 39 TABLE OF CONTENTS PAGE I.6 Order Limitations . . . . . . . . . . . . . . . . . . . . . . . 39 PART III - LIST OF DOCUMENTS, EXHIBITS . . . . . . . . . . . . . . . . . 41 AND OTHER ATTACHMENTS SECTION J -- LIST OF ATTACHMENTS J.1 LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . . . 41 (ED 309-1) (MARCH 1985) J.2 FIPS AND FED-STD CLAUSES AND PROVISIONS INCORPORATED BY . . . . 41 REFERENCE PART IV, SECTION K . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 REPRESENTATIONS,CERTIFICATIONS, AND OTHER STATEMENTS OF THE OFFEROR K.1 REPRESENTATION AUTHORITY. . . . . . . . . . . . . . . . . . . . 43 (ED 310-1) (MARCH 1985) K.2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. . . . . . . . . 43 (FAR 52.203-2) (APRIL 1984) K.3 EXEMPTION FROM APPLICATION OF SERVICE CONTRACT ACT. . . . . . . 44 PROVISIONS FOR CONTRACTS FOR MAINTENANCE, CALIBRATION, AND/OR REPAIR OF CERTAIN ADP, SCIENTIFIC, AND MEDICAL AND/OR OFFICE BUSINESS EQUIPMENT--CONTRACTOR CERTIFICATION (FAR 52.222-48) (OCT 1995) K.4 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION. . . . . . . . 45 (ED 310-10) (APRIL 1984) K.5 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . . . . . . 48 (FAR 52.219-1) (JAN 1997) K.6 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . . . . . . . . . . . 50 (FAR 52.222-22) (APRIL 1984) K.7 AFFIRMATIVE ACTION COMPLIANCE . . . . . . . . . . . . . . . . . 50 (FAR 52.222-25) (APRIL 1984) K.8 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING . . . . . . . 50 (FAR 52.223-13) (OCT 1996) K.9 POST EMPLOYMENT CONFLICT OF INTEREST. . . . . . . . . . . . . . 51 (ED 310-16) (MARCH 1985) K.10 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . . . . . . 52 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS. (FAR 52.209-5) (MAY 1989) K.11 TAXPAYER IDENTIFICATION . . . . . . . . . . . . . . . . . . . . 53 (FAR 52.204-3) (SEPTEMBER 1989) K.12 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS . . . . . . . . 54 TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11) (APRIL 1991) K.13 ORGANIZATIONAL CONFLICTS OF INTEREST. . . . . . . . . . . . . . 55 CERTIFICATE -- MARKETING CONSULTANTS (FAR 52.209-7) (OCTOBER 1995) K.14 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR . . . . . . 57 ILLEGAL OR IMPROPER ACTIVITY (FAR 52.203-8) (JAN 1997) K.15 ORGANIZATIONAL CONFLICT OF INTEREST . . . . . . . . . . . . . . 57 (EDAR 3452.209-70) (AUG 1987) K.16 CLEAN AIR AND WATER CERTIFICATION . . . . . . . . . . . . . . . 58 (FAR 52.223-1) (APRIL 1984) K.17 LIMITATIONS ON SUBCONTRACTING . . . . . . . . . . . . . . . . . 58 TABLE OF CONTENTS PAGE (FAR 52.219-14) (JANUARY 1991) K.18 CERTIFICATION OF SUBCONTRACTING . . . . . . . . . . . . . . . . 58 (ED 313-1) (APRIL 1995) K.19 CERTIFICATION OF SUBCONTRACTING, PART 2 . . . . . . . . . . . . 59 (ED 313-2) (APRIL 1995) K.20 COMPETITIVE BUSINESS MIX CERTIFICATION. . . . . . . . . . . . . 59 (ED 313-3) (APRIL 1995) SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES. . . . . . . . . . . . 61 TO OFFERORS L.1 TYPE OF CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . 61 (ED 311-1) (MARCH 1986) L.2 AVAILABILITY OF THE FEDERAL ADP AND . . . . . . . . . . . . . . 61 TELECOMMUNICATIONS STANDARDS INDEX (APRIL 1989) L.3 PRIVACY AND SECURITY SAFEGUARDS . . . . . . . . . . . . . . . . 61 FAR 239-1 (AUG 1996) L.4 GENERAL INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . 62 (ED 311-2) (FEB 1996) L.5 TECHNICAL PROPOSAL INSTRUCTIONS . . . . . . . . . . . . . . . . 63 (ED 311-3) (MARCH 1986) L.6 PAST PERFORMANCE REPORT . . . . . . . . . . . . . . . . . . . . 67 (ED 314-1) (MAR 1996) L.7 BUSINESS PROPOSAL INSTRUCTIONS. . . . . . . . . . . . . . . . . 69 (ED 311-4A) (JUL 1996) L.8 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION. . . . . . 71 OTHER THAN COST OR PRICING DATA (FAR 52.215-41, ALTERNATE IV) (OCT 1995) L.9 NOTIFICATION OF COMPETITION LIMITED TO ELGIBLE 8(A) . . . . . . 71 CONCERNS (52.219-18) (JAN 1997) L.10 ADDITIONAL INSTRUCTION FOR PROPOSAL FOR . . . . . . . . . . . . 72 ADP SECURITY COMPLIANCE (ED 311-17) (FEBRUARY 1988) L.11 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW. . . . . . 72 (FAR 52.222-24) (APRIL 1984) L.12 EXPLANATION TO PROSPECTIVE OFFERORS . . . . . . . . . . . . . . 73 (FAR 52.215-14) (APRIL 1984) L.13 LATE SUBMISSIONS, MODIFICATIONS, AND. . . . . . . . . . . . . . 73 WITHDRAWALS OF PROPOSALS (FAR 52.215-10) (MAY 1997) L.14 FAILURE TO SUBMIT OFFER . . . . . . . . . . . . . . . . . . . . 75 (FAR 52.215-15) (MAY 1997) L.15 PROVISION FOR EVALUATION FACTOR AMENDMENTS. . . . . . . . . . . 75 (ED 311-7) (MARCH 1986) L.16 CONTRACT AWARD. . . . . . . . . . . . . . . . . . . . . . . . . 75 (FAR 52.215-16) (OCT 1995) L.17 FORMS CLEARANCE PROCESS . . . . . . . . . . . . . . . . . . . . 76 (ED 311-5) (MARCH 1986) L.18 SERVICE OF PROTESTS . . . . . . . . . . . . . . . . . . . . . . 77 (FAR 52.233-2) (AUG 1996) L.19 FACILITIES CAPITAL COST OF MONEY. . . . . . . . . . . . . . . . 77 (FAR 52.215-30) (SEPT 1987) SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . 78 TABLE OF CONTENTS PAGE M.1 EVALUATION FACTORS FOR AWARD (ALTERNATE I) . . . . . . . . . . 78 RFP 97-036 SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B.1 SECTION 8(A) AWARD (FAR 52.219-17) (DEC 1996) (a) By execution of a contract, the Small Business Administration agrees to the following: (1) To furnish the supplies or services set forth in the contract according to the specifications and terms and conditions by subcontracting with the Offeror who has been determined an elgible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)). (2) Except for novation agreements and advance payments, delegates to the U. S. Department of Education the responsibility for admini- stering the contract with complete authority to any action of behalf of the Government under the terms and conditions of the contract: provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract. (3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity. (4) To notify the ED Contracting Officer immediately upon noti- fication by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern. (5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract. (b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfil and perform all of the requirements of the contract. (c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the U.S. Department of Education. B.2 PROVISION FOR PRICING AND PAYMENT (a) The total not-to-exceed amount of this contract is $________. Payment of that amount shall be made in accordance with the incorporated General Provision entitled "Payments" Page 1 of 81 RFP 97-036 (FAR 52.232-1) for fixed price task orders or "Payment under Time-and-Materials and Labor-Hour Contracts" (FAR 52.232-7) for time and materials task orders. (b) For fixed priced Task Orders, the Government will pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract (including task orders issued under this contract) for work delivered or rendered and accepted less any deductions provided for in this contract. Unless otherwise specified, payment will be made upon acceptance of any portion of the work delivered or rendered for which a price is separately stated in the contract or in a task order issued under this contract. (c) The Government will not be liable for any charges which exceed the ceiling price stated in Paragraph "A" above unless such charges are authorized in writing by the contracting officer. (d) The Government will have the right at any time during the period of performance of this contract to unilaterally increase or decrease the total not-to-exceed amount of this contract. B.3 CONTRACT DEFINITION (a) This is a Firm Fixed Price, requirements contract as defined under FAR 16.202 and 16.503 for items and deliverables listed in the Pricing Schedule as Fixed Price and for task orders designated as Firm Fixed Price. (b) This is a Time and Materials, requirements contract as defined under FAR 16.601 and 16.503 for items and deliverables listed in the Pricing Schedule as Time and Materials and for task orders designated as Time and Materials. (c) For the task order portion, this contract will be an indefinite delivery indefinite quantity contract in accordance with FAR 16.504. The contractor shall not be required to make any task order deliveries under this contract after the period of performance of this contract. (d) Under Time and Materials tasks, hourly allocations shall be secured by worker classification and corresponding loaded labor rates. Ordered hours shall serve as ceilings for use for each specified classification under the subject tasks. (e) Fixed Price tasks shall include a schedule of deliverables and corresponding payment schedule. The Government shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated for work delivered or rendered and accepted. Unless otherwise specified, payment shall be made upon acceptance of any portion of the work delivered or rendered for which a price is separately stated. Page 2 of 81 RFP 97-036 B.4 LABOR CLASSIFICATION AND RATES (a) The rates listed in paragraph (c) below shall be the firm fixed hourly rates of charge. Those shall also be complete charges inclusive of all wage payment and overhead and profit application and no greater amount shall accordingly be paid for any particular hour of use. (b) Personnel supplied under the classifications shall minimally meet the qualification levels for each labor category included as part of the statement of work, Attachment A hereto. Only permission of the Contracting Officer may permit use of other qualified personnel. Rates and qualifications for other qualified personnel shall be formally set via contract modification. (c) Fixed hourly rates of charge (loaded labor rates): FIXED HOURLY RATES OF CHARGE (BASE YEAR) LOADED LABOR CATEGORY RATE Project Manager $ Senior Systems Analyst $ Systems Analyst $ Computer SW Spec/Sys Engineer $ Communications/Network Spec $ Internet Training Specialist $ Sr. Programmer/Analyst/DBA $ Programmer/Analyst $ Sr. Programmer $ Programmer $ Technical Writer $ Data Entry/Doc Convrsn Spec $ Sr. Internet Documt Editor $ Internet Documt Markup Spec $ Publishing Specialist $ Graphic Design Specialist $ FIXED HOURLY RATES OF CHARGE (OPTION YEAR I) LOADED LABOR CATEGORY RATE Project Manager $ Senior Systems Analyst $ Systems Analyst $ Computer SW Spec/Sys Engineer $ Communications/Network Spec $ Internet Training Specialist $ Sr. Programmer/Analyst/DBA $ Programmer/Analyst $ Page 3 of 81 RFP 97-036 Sr. Programmer $ Programmer $ Technical Writer $ Data Entry/Doc Convrsn Spec $ Sr. Internet Documt Editor $ Internet Documt Markup Spec $ Publishing Specialist $ Graphic Design Specialist $ FIXED HOURLY RATES OF CHARGE (OPTION YEAR II) LOADED LABOR CATEGORY RATE Project Manager $ Senior Systems Analyst $ Systems Analyst $ Computer SW Spec/Sys Engineer $ Communications/Network Spec $ Internet Training Specialist $ Sr. Programmer/Analyst/DBA $ Programmer/Analyst $ Sr. Programmer $ Programmer $ Technical Writer $ Data Entry/Doc Convrsn Spec $ Sr. Internet Documt Editor $ Internet Documt Markup Spec $ Publishing Specialist $ Graphic Design Specialist $ FIXED HOURLY RATES OF CHARGE (OPTION YEAR III) LOADED LABOR CATEGORY RATE Project Manager $ Senior Systems Analyst $ Systems Analyst $ Computer SW Spec/Sys Engineer $ Communications/Network Spec $ Internet Training Specialist $ Sr. Programmer/Analyst/DBA $ Programmer/Analyst $ Sr. Programmer $ Programmer $ Technical Writer $ Data Entry/Doc Convrsn Spec $ Sr. Internet Documt Editor $ Internet Documt Markup Spec $ Publishing Specialist $ Graphic Design Specialist $ Page 4 of 81 RFP 97-036 FIXED HOURLY RATES OF CHARGE (OPTION YEAR IV) LOADED LABOR CATEGORY RATE Project Manager $ Senior Systems Analyst $ Systems Analyst $ Computer SW Spec/Sys Engineer $ Communications/Network Spec $ Internet Training Specialist $ Sr. Programmer/Analyst/DBA $ Programmer/Analyst $ Sr. Programmer $ Programmer $ Technical Writer $ Data Entry/Doc Convrsn Spec $ Sr. Internet Documt Editor $ Internet Documt Markup Spec $ Publishing Specialist $ Graphic Design Specialist $ B.5 MINIMUM/MAXIMUM QUANTITIES The minimum quantity of direct labor under this contract is 1,500 hours. The maximum total hours of direct labor for all task orders are: Base Year (Award Date through 12 mths after award) 30,000 hrs Option Year 1 (13 through 24 months after award) 30,000 hrs Option Year 2 (25 through 36 months after award) 30,000 hrs Option Year 3 (37 through 42 months after award) 30,000 hrs Option Year 4 (43 through 60 months after award) 30,000 hrs The hours shown above for task orders are ceiling, actual hours of direct labor expended on task order shall not exceed these amounts. Actual hours of direct labor expended on task orders shall be considered the sum of the hours authorized for time-and-materials task orders and the hours proposed, accepted and used in the pricing of fixed-price task orders. B.6 MATERIALS REIMBURSEMENT (a) Labor exclusive direct costs (other direct costs), including expenses for materials, direct travel, lodging and subsistence and other necessary supportive items or services related to Time-and-Materials Task Orders shall be directly reimbursed as directed. (b) No direct cost shall be reimbursed unless allowable under Page 5 of 81 RFP 97-036 the cost principles of Part 31 of the Federal Acquisition Regulation. Reimbursement of other direct costs shall be governed by the incorporated General Provision entitled "Allowable Cost and Payment". (c) A materials handling overhead shall be separately reimbursed. That shall apply as a set percentage of direct materials expenditures. The materials handling overhead rates for Time and Materials Task Orders are as follows: Base Year ____% Option Period I ____% Option Period II ____% Option Period III ____% Option Period IV ____% (d) The material handling overhead rates listed above included only indirect costs allocated to direct materials in accordance with the contractor's usual accounting procedures consistent with FAR Part 21 and do not contain fee or profit (e) This clause shall only apply to the reimbursement of costs incurred under time-and-materials task orders. Page 6 of 81 RFP 97-036 SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT C.1 MAINTENANCE REQUIREMENTS Responsibilities of the Contractor a. The Contractor shall provide maintenance, including all required labor and parts, at the prices shown in the schedule, and shall keep the equipment in good operating condition. Maintenance service shall not include electrical work external to the equipment, the furnishing of supplies, and adding or removing accessories, attachments or other devices. It shall not include repair of damage resulting from accident, transportation between Government sites, neglect, misuse, failure of Government-furnished electrical power, air-conditioning or humidity control, or causes other than ordinary use. The Contractor is responsible for all maintenance, including routine cleaning of magnetic heads, etc., unless specific provisions to the contrary are incorporated elsewhere in this contract. b. While Contractor personnel are at the Government facility, the Contractor is responsible for compliance with all laws, rules and regulations governing conduct with respect to health and safety not only as they relate (i) to its employees and agents, but also (ii) to other personnel who are Government employees or agents of the Government and (iii) to property at the site regardless of ownership. While on the Government premises and in possession of Government property, the Contractor is considered to be a bailee for hire, and subject to all duties thereof. Responsibilities of the Government a. Government personnel will not perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract unless agreed to by the Contractor. b. Subject to security regulations, the Government will permit access to the equipment which is to be maintained. c. The Government will provide light, ventilation, electric current and outlets and telephones (for local calls only) for the use of maintenance personnel. These facilities shall be within reasonable distance of the equipment to be serviced and shall be provided at no charge to the Contractor. d. The Government will provide access to the system or components within a reasonable time after being notified by the Contractor that the modification is ready to be made. The time in which the modification is made shall Page 7 of 81 RFP 97-036 be mutually agreed-to between the Contractor and the Project Officer. e. The Government will maintain the site in accordance with the equipment environmental specifications furnished by the Contractor in its proposal. C.2 APPLICATION OF FEDERAL INFORMATION PROCESSING AND FEDERAL TELECOMMUNICATIONS STANDARDS (ED 302-1) (MARCH 1985) Various Federal Information Processing Standards (FIPS) and Federal Telecommunications Standards (FED-STDS) shall apply. Those are as designated under Section J.2 and thereby incorporated by reference. C.3 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, Attachment A hereto. 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. C.4 TASK ORDER PROCEDURE (a) Certain task or products which are not currently envisioned as an integral part of the system but which are within the general scope of the type of work defined under tasks 1 through 8 shall be requested by the issuance of a task order. Initially, a Statement of Work, identifying a specific need for a proposed task order will be furnished to the Contractor as well as a request for a technical and cost proposal. Proposals shall be due 10 working days from the date of request. Technical and cost negotiation will be held if necessary. (b) Each finalized task order will be signed by the Contracting Officer as a single party instrument, not requiring the Contractor's signature. At a minimum, each task order will contain the following: 1. Each task order will be numbered consecutively; 2. Contract number will be indicated on each task order; 3. Project Name; 4. Period of performance; 5. Statement of Work; Page 8 of 81 RFP 97-036 6. Deliverable products; 7. Firm fixed price task orders shall include the total fixed price, schedule of deliverables and payment schedule, if applicable; 8. Time and materials/labor hour task orders shall include the total not-to-exceed amount, authorized labor hours by labor category and materials. (c) The Contractor's acceptance of each task order shall be presumed by its commencement of work called for therein. If the Contractor finds any task order unacceptable for any reason, the Contractor shall contact the Contracting Officer within 24 hours after receipt of such task order and not begin the work required therein, until the problem has been resolved. The Contractor is cautioned to observe the following instructions: (1) All task orders are subject to the terms and conditions of this contract. In the event of a conflict between a task order and this contract the contract shall control. (2) The Contractor shall not accept task orders which exceed the amount of the contract or which require performance beyond the contract expiration date. (3) If at any time during the performance of a task order, the Contractor has reason to believe that the total price to the Government to complete the task order will be greater than the authorized amount, the Contractor shall notify the Contracting Officer, giving a revised estimate of the total price for performing the task and giving supporting reasons and documentation. If fewer hours or materials are required, only the hours and materials actually used shall be invoiced. (4) In the event any task is so urgent that time cannot be allowed to issue a task order in writing, the Contracting Officer may provide oral authorization for the Contractor to proceed. In such an event, the Contracting Officer will identify the contract number, the task order number and state the cost. Oral authorization will be confirmed in writing through the issuance of the task order. (5) The labor categories, as defined in the Statement of Work, Attachment A, loaded labor rates as listed in Section B.4, and materials handling charge shall be utilized by the Contractor when submitting proposals for task orders. Page 9 of 81 RFP 97-036 Page 10 of 81 RFP 97-036 SECTION D - PACKAGING AND MARKING D.1 SHIPMENT AND MARKING (ED 303-1) (MAR 1986) (a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract. (b) Ship deliverable items to: U.S. Department of Education Contracts and Purchasing Operations ROB-#3, Room 3636, MS 4445 7th and D Streets, SW Washington, DC 20202-4445 (c) Mark deliverables for: Denise Jefferson D.2 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. D.3 F.O.B. DESTINATION (ED 303-2) (MAR 1986) All deliverables shall be shipped on an F.O.B. Destination basis. The point for that shall be the delivery point otherwise specified under this section. Page 11 of 81 RFP 97-036 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. Page 12 of 81 RFP 97-036 SECTION F - DELIVERIES OR PERFORMANCE F.1 PERIOD OF PERFORMANCE (ED 305-5) (MARCH 1986) Performance hereunder shall be completed within 12 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 Performance Measures All work shall be performed in accordance with the standards listed in the Statement of Work in Exhibit E. Page 13 of 81 RFP 97-036 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 REQUESTS SUBMISSION (ALTERNATE I) (ED 306-1A) (MARCH 1988) (A) Payments shall be rendered in accordance with the payments clause(s) of the incorporated contract clause section and with those otherwise specified rated or fixed price amounts. (B) The contractor shall submit the original and three (3) copies of invoices or contract financing requests to the Designated Billing Office. Page 14 of 81 RFP 97-036 ______ ______ ______ ______ ______ ______ 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 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. (B) Title to Government-furnished data shall remain within the Government. (C) The Contractor shall use Government-furnished data only in connection with this contract. (D) The data will be furnished to the Contractor as specified in the STATEMENT OF WORK. (E) Other treatment and rights shall be in accordance with the incorporated general provision titled "Government Property". G.5 CONTRACTOR-ACQUIRED GOVERNMENT PROPERTY (ED 306-11) (MAR 1985) The Contractor is required to acquire and/or fabricate the equipment listed below for use in the performance of this contract. The equipment is subject to the provisions of the "Government Property" clause. Item No. Description Quantity Estimated Cost Page 15 of 81 RFP 97-036 WHEN DETERMINED NECESSARY G.6 GOVERNMENT-FURNISHED PROPERTY (ED 306-13) (MARCH 1985) The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with other incorporated property-related clauses. - Office space for up to two (2) contractor staff members, with desk, telephone, ethernet connection to EDLAN, and access to the site host console(s) - ED Internet site hardware, system software, server software, and telecommunications/network equipment and connectivity as described in Exhibit D. The site configuration and ED computing and networking infrastructure described in Exhibit D is subject to change as technology changes in the future and ED chooses to upgrade, extend, or modify its internet computing, and networking infrastructure. - Data, documents, and documentation - as available for each database to be implemented and each document to be posted. The contractor shall interface with the COTR or directly with regular data providers at ED's direction G.7 GOVERNMENT PROPERTY ADMINISTRATOR (ED 306-6) (DEC 1986) The contracting officer shall serve as the contract property administrator. This responsibility will include arrangement of disposition on contract termination or expiration under FAR Part 45. The contractor shall furnish all required information on property to this officer. Page 16 of 81 RFP 97-036 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 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.3 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. Page 17 of 81 RFP 97-036 H.4 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 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 Page 18 of 81 RFP 97-036 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.5 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 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 Page 19 of 81 RFP 97-036 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. (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 Page 20 of 81 RFP 97-036 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 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 Page 21 of 81 RFP 97-036 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) H.6 ACCESSIBILITY OF SOFTWARE (ED 316-1) (JUNE 1997) The Department of Education (ED) considers universal accessibility to information a priority for all its employees and external customers, including individuals with disabilities. Under Sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. sections 794 and 794d, as amended), ED must ensure the accessibility of its programs and activities, specifically its obligation to acquire and use accessible 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 particular Page 22 of 81 RFP 97-036 requirement. (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 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--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. Unless otherwise specified elsewhere in the contract schedule, the contractor is not required to obtain a waiver when it is not feasible for particular software not developed under this contract to fully meet the accessibility requirements of paragraph (a) of this clause. However-- (1) In accordance with subparagraphs (c)(2) and (c)(3) of this clause, the contractor shall give the contracting officer an opportunity to review and potentially reject the selection or purchase of any software that will be delivered under this contract for use by ED's employees or external customers that does not meet all the requirements of the ED manual "Requirements for Accessible Software Design" and (i) that has an aggregate total estimated cost or price of over $500,000 for all copies or licenses of the software, or (ii) that the contractor anticipates will be used by more than ten ED employees or external customers. (2) At least ten calendar days prior to final selection of any software that meets the criteria in subparagraph (c)(1) of this clause, the contractor shall notify the contracting officer in writing, listing the specific accessibility requirements that would not be met, explaining how the accessibility of a particular feature can be achieved by alternative means or why it is not feasible to make a feature of the software accessible, and explaining any trade-offs or other reasons for recommending selection of the software. (3) Within ten calendar days of the contracting officer'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, Page 23 of 81 RFP 97-036 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." Also, compliance with certain requirements of the manual may not be feasible for the particular software required. In such extraordinary circumstances, the contracting officer may grant a waiver, in writing, to any requirement of the manual or of this clause if it furthers a public interest of ED and will not significantly impair ED's ability to ensure accessibility of its programs and activities to all its employees and external customers, including individuals with disabilities. To request a waiver, the contractor shall notify the contracting officer in writing, listing the specific accessibility requirements that would not be met and explaining how the accessibility of a particular feature can to make a feature of the software accessible. (e) Condition of payment--The contractor agrees that compliance with the provisions of this clause upon delivery of the software to ED is a condition of payment under this contract. H.7 PUBLICATION AND AUDIO-VISUAL PRODUCTION (ED 307-7) (MAY 1997) A. Except as provided below, neither the development or production of any publication or audiovisual product is authorized. In the event that development or production of any publication or audiovisual product subsequently becomes a contract requirement (expressed or implied), the contractor shall obtain approval in writing from the Contracting Officer. Until the contractor obtains such Contracting Officer approval, no costs for develop- ment or production of the publication or audiovisual product shall be allowable. The following items are excepted from PRB approval: 1. Up to 50 copies of progress and final reports. B. The Contractor shall ensure that any publication or audiovisual product developed or produced under this contract is compatible with the Department of Education's responsibilities under the Sections 404 and 508 of the Rehabilitation Act of l973, 29 U.S.C. 794 and 794d, as amended, to ensure the accessibility of its programs and activities to idividuals with disabilities. C. The contractor shall not distribute or release to the public any publication or audiovisual product developed or produced under this contract without written authorization of the Contracting Officer. To obtain this authorization, the contractor shall submit 2 copies of the publication or audiovisual product to the Page 24 of 81 RFP 97-036 Contracting Officer. Sice the Contracting Officer must obtain internal public affairs or other clearances, the Contractor should plan at least 45 days to obtain authorization from the Contracting Officer. 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). H.8 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (FAR 52.223-5) (MARCH 1997) (a) Executive Order l2856 of August 3, 1993, requires Federal facilities to comply with the provisions of the Emergency Planning Community Right-to-Know Act of l986 (EPCRA)(42 U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (PPA)(42 U.S.C. 13101- 13109). (b) The Contractor shall provide all information needed by the Federal facility to comply with the emergency planning reporting requirements of Sectin 302 of EPCRA, the emergency notice requirements of Section 304 of EPCRA, the list of Material Data Safety Sheets required by Section 3ll of EPCRA, the emergency and hazardous chemical inventory forms of Section 3l2 of EPCRA, and the toxic chemical release inventory of Section 3l3 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA. (End of clause) H.9 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. H.10 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-- Page 25 of 81 RFP 97-036 (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 assigned to the individual. H.11 CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS (ADP REQUIREMENTS) (ED 307-22) (APRIL 1984) Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contractor. Failure of the Contractor to fulfill any such commitment shall render the Page 26 of 81 RFP 97-036 Contractor liable for liquidated or other damages due to the Government under the terms of this contract. For the purpose of this contract, a written commitment by the Contractor is limited to the proposal submitted by the Contractor, and to specific written modifications to the proposal. Written commitments by the Contractor are further defined as including (1) any warranty or representation made by the Contractor in a proposal as to hardware or software performance, total systems performance, and other physical, design, or functioning characteristics of a machine, software package or system, or installation date; (2) any warranty or representation made by the Contractor concerning the characteristics or items in (1) above, made in any publications, drawings, or specifications accompanying or referred to in a proposal; and (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal in question. H.12 AUTOMATED DATA PROCESSING (ADP) SYSTEM SECURITY REQUIREMENTS (ED 307-13) (MARCH 1995) The Contractor and its subcontractors shall comply with the ADP System Security requirements set forth in: A. The Statement of Work of this contract; B. The Privacy Act of 1974 (P.L. 93-579, U.S.C. 552a); and C. The U.S. Department of Education, Information Technology Security Manual, Handbook Number 6; including -- Contractors may also consider the use of the Department's Contractor Self-Certification Program (CSCP) for Personnel with Low Risk ADP- Related Responsibilities. This program is applicable only to those employees whose duties have been designated as "Low Risk" by the government and is designed to allow a contractor to "self-certify" the trustworthiness of its employees, in lieu of the government- required investigative process. More detailed information about the CSCP is set forth in the handbook entitled, "Information Technology Security Program" Contractor Self-Certification Program for Personnel with Low Risk ADP-Related Responsibilities." The Contractors may arrange to review copies of the above referenced documents by contacting the Contract Specialist at telephone number 202/708-9061. The Contractor shall include this provision in any subcontract(s) awarded pursuant to this contract. H.13 COMPUTER SYSTEM DESIGN AND IMPLEMENTATION REQUIREMENTS (ED 307-14) (JUNE 1988) 1. System Development Standards Page 27 of 81 RFP 97-036 Information systems shall be developed in accordance with the ED "Software Life Cycle Management and Documentation Manual". This manual covers all aspects of developing an information system. All phases of the system development process are covered, from definition of the requirements through post installation review. The standards address the manual processes of collecting, processing and disseminating data as well as the automated functions. This process requires the preparation of a statement of requirements, assessment of alternative solution and cost/benefit analyses of these alternatives prior to preparation of system design specifications, programming/debugging and implementation of the system. 2. Project Documentation Plans In accordance with system development standards, the project documentation plan shall be revised at the completion of each critical phase of development and implementation. 3. Data Control and Validation All data must be key verified. The data validation specifications shall provide a detailed explanation of the manual and machine quality assurance procedures for each data element (range of values, data consistency, batch controls, etc.) ED will conduct an acceptance test upon receipt of class data tape. The data are acceptable if there is an error rate of less than 1% of the data elements on a random sample of source documents of each type. 4. Programming Language The Contractor must have prior approval for the use of a programming language other than COBOL or FORTRAN. 5. System Documentation Computer systems/data bases developed under this contract shall be documentedin accordance with the ED "Software Life Cycle Management and Documentation Manual". 6. Computer Software (a) All computer software development under this contract becomes the property of the U.S. Government. In addition, unless specifically exempted by the Contracting Officer, all computer software used by the Contractor on this contract (with the exception of that software already available at the ED computer facility) must be delivered to the Government without limitation on the rights of usage and with sufficient documentation to permit the Government to modify and enhance the software with the assistance of the Contractor. (b) Unless specifically exempted by the Contracting Officer, all software delivered under this contract must be executed using the computer equipment available through procedures and conventions in use at the computer facility. The Contractor is required to Page 28 of 81 RFP 97-036 demonstrate the capability of running on the ED computer facility by the execution of agreed-upon acceptance tests. Specifically, the Contractor must furnish (1) a test plan and (2) certification of each acceptance test, as directed by Chapter 7.0, "System Testing Stage", of the ED "Software Life Cycle Management and Documentation Manual." 7. Government Furnished Documents Copies of the ED "Computer Facility User Guide" and the ED "Software Life Cycle Management and Documentation Manual" will be furnished on request. Telephone requests should be directed to Mr. Barry Harvey of the Computer Support Services Branch at telephone no. (202) 708-8158. Written requests should be directed as follows: U.S. Department of Education Office of the Chief Information Officer Room 4682, ROB #3 7th & D Streets, S.W. Washington, D.C. 20202 8. Federal Information Processing Standards (FIPS) A list of all applicable FIPS is attached. A file of the FIPS publications is available for review upon written request to the following address: U.S. Department of Education DUSM, Information Technology Services (Attn: Departmental IRM Standards Officer) 600 Independence Avenue, S.W. Washington, D.C. 20202 These publications may also be ordered from the National Technical Information Service; U.S. Department of Commerce; Springfield, VA 22161 [Telephone (703) 487-4630]. H.14 GOVERNMENT-FURNISHED COMPUTER FACILITIES (ED 307-15) (JUNE 1988) All work requiring the use of computing equipment and associated support services performed under this contract must utilize the computing equipment and associated support services (including data preparation verification, and production control services) made available to the Contractor by the Government unless an alternate site is specifically authorized in the task order or the contract and approved by the Contracting Officer. All equipment, support and supplies necessary to interface with the Government-furnished computer facilities shall be furnished by the Contractor. This equipment must be on site for inspection by ED personnel within forty-five (45) days of contract award unless specifically stated elsewhere in the contract. Page 29 of 81 RFP 97-036 The Contractor shall provide a site security plan describing how it will maintain security of ED's data, files, equipment, etc., as outlined in the "U.S. Department of Education ADP Security Manual, Handbook Number 6". This manual shall be made available for review upon request to the Contract Specialist (telephone: 202/708-9061). 1. ED Computer Facility ED data processing services are currently provided by Lockheed Martin located at 4831 Walden Lane, Lanham, Maryland 20706. H.15 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.16 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. Page 30 of 81 RFP 97-036 (Note: Notice shall be given within 60 days before contract completion.) H.17 OPTION TO EXTEND THE TERM OF THE CONTRACT (A) The Government may extend the term of this contract by written notice to the Contractor 15 days after contract expiration; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (B) If the Government exercises this option, the extended contract shall be considered to include this option provision. (C) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (D) The Option Period shall be the spans specified below and will start on the day following completion of the previous Performance Period. PERIOD LENGTH Option Year 1 13 - 24 months after award Option Year 2 25 - 36 months after award Option Year 3 37 - 48 months after award Option Year 4 43 - 60 months after award H.18 Key Personnel (EDAR 3452.243-70) (AUG 1987) The personnel designated as key personnel in this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, or otherwise substituting any other personnel for specified personnel, the contractor shall notify the contracting officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract effort. No diversion or substitution shall be made by the contractor without the written consent of the contracting officer; provided, that the contracting officer may ratify a diversion or substitution in writing and that ratification shall constitute the consent of the contracting officer required by this clause. The contract shall be modified to reflect that addition of deletion personnel. Page 31 of 81 RFP 97-036 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 NEGOTIATED FIXED-PRICE SERVICES CONTRACT (MATRIX-C) (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 (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) 52.203-12 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) Page 32 of 81 RFP 97-036 (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 (SEP 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 (SEP 1987) (The following clauses 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 Postretirement Benefits other than Pensions (PRB) (JUL 1991) 52.219-8 Utilization of Small, Small Disadvantaged & Women-Owned Small Business Concerns (OCT 1995) (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 Businesses (AUG 1986) 52.219-14 Limitation on Subcontracting (DEC 1996) Page 33 of 81 RFP 97-036 (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 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 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.) (The following clause shall only apply to contracts (1) to which the Service Contract Act is applicable and (2) which are multi- Page 34 of 81 RFP 97-036 year or contain options to renew.) 52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (MAY 1989) (The following clauses shall only apply to contracts (1) to which the Service Contract Act is applicable and (2) which are not multi-year or do not contain options to renew.) 52.222-44 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (MAY 1989) 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) 52.227-19 Commercial Computer Software -- Restricted Rights (June 1987) 52.227-23 Rights to Proposal Data (Technical) (JUNE 1987) 52.229-3 Federal, State, and Local Taxes (JAN 1991) 52.232-2 Payments Under Fixed-Price Research and Development Contracts (APR 1984) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-16 Progress Payments (JUL 1991) (Applicable to: Fixed Price Contracts.) 52.232-17 Interest (JUN 1996) 52.232-23 Assignment of Claims (JAN 1986) 52.233-1 Disputes (OCT 1995) Page 35 of 81 RFP 97-036 52.233-3 Protest After Award (OCT 1995) 52.243-1 Changes - Fixed Price (AUG 1987) Alternate V (APR 1984) 52.242-13 Bankruptcy (JUL 1995) (Applicable for all solicitations and contracts.) 52.244-1 Subcontracts Under Fixed-Price Contracts (Over $500,000) (APR 1991) 52.244-5 Competition in Subcontracting (DEC 1996) (If the contract prices are not based on adequate price competition, established catalogue or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the following clause is applicable.) 52.245-2 Government Property (Fixed-Price Contracts) (DEC 1992) - Alternate I (DEC 1992) OR (If this contract is for the conduct of basic or applied research at nonprofit institutions of higher education or at nonprofit organizations whose primary purpose is the conduct of scientific research, the following clause is applicable.) 52.245-2 Government Property (Fixed-Price Contracts) (APR 1984) - Alternate II (APR 1984) 52.246-4 Inspection of Services - Fixed Price (AUG 1996) 52.246-16 Responsibilities of Supplies (APR 1984) (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) (If the contract is awarded to other than an educational or nonprofit institution on a no-profit basis, the following clause is applicable.) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (SEP 1996) OR (If the contract is awarded to an educational or nonprofit institution on a no-profit basis, the following clause is applicable.) 52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) (SEP 1996) Page 36 of 81 RFP 97-036 (This clause is not applicable if the contract is awarded on a no-fee basis to an educational or nonprofit institution.) 52.249-9 Default (Fixed-Price Research and Development) (APR 1984) (If the contract is awarded on a fee basis, the following clause is applicable.) 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 37 of 81 RFP 97-036 I.2.2 DEPARTMENT OF EDUCATION ACQUISITION REGULATION (EDAR) (48 CFR CHAPTER 34) CLAUSES EDAR Clause No. Title and Date 3452.202-1 Definitions (AUGUST 1987) 3452.208-70 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) (The following clause shall apply to all contracts with educational institutions, hospitals, and State and local governments.) 3452.232-70 Prohibition Against the Use of ED Funds to Influence Legislation or Appropriations (AUGUST 1987) 3452.242-71 Notice to the Government of Delays (AUGUST 1987) 3452.242-72 Withholding of Contract Payment (AUGUST 1987) 3452.242-73 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (AUGUST 1987) I.2.3 ADDITIONAL CLAUSES I.3 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (APRIL 1984) This contract incorporates the following clauses by reference, with the same force and effects as if they were given in full text available. (a) FEDERAL ACQUISITION REGULATION CLAUSES APPLICABLE TO TIME- AND-MATERIALS CONTRACTS. 52.216-7 Allowable Cost and Payment (July 1991) 52.232-7 Payments Under Time-and-Materials and Labor- Hour Contracts (FEB 1997) 52.243-3 Changes--Time-and-Materials or Labor-Hours (AUG 1987) 52.245-5 Subcontracts (Time-and-Materials and Labor- Hours Contracts) (APR 1985) 52.246-6 Inspection--Time-and-Material and Labor-Hour (JAN 1986) (b) CLAUSES APPLICABLE TO DEFINITE DELIVERY TYPE CONTRACTS I.4 Ordering 52.216-18 (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through end of Page 38 of 81 RFP 97-036 period of performance. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. I.5 Indefinite Quantity 52.216-22 (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; PROVIDED, that the Contractor shall not be required to make any deliveries under this contract after the period of performance. I.6 Order Limitations (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor any Page 39 of 81 RFP 97-036 order or series of orders that together call for the contractor to provide more than 3,000 hours in any one week (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. Page 40 of 81 RFP 97-036 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J -- LIST OF ATTACHMENTS J.1 LIST OF ATTACHMENTS (ED 309-1) (MARCH 1985) Included In Identifier Description Pages by Ref Attach. A Statement of Work 69 X B Pricing Schedule 5 X C Contractor Performance Information 2 X J.2 FIPS AND FED-STD CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE This contract incorporates the following clauses and provisions by reference. The clauses and provisions that are applicable to this contract are checked with an "X". These clauses and provisions have the same force and effect as if they were given in full text. Offerors and contractors may order the texts of the FIPS PUBs from the following address: National Technical Information Service U.S. Department of Commerce Springfield, VA 22161 Telephone: (703) 487-4650 The texts of the FED STDs may be ordered from the following address: General Services Administration (WFRI) Washington, D.C. 20407 Telephone: (202) 472-2205 The abbreviation FIRMR means the Federal Information Resources Management Regulation (41 CFR Chapter 201). Page 41 of 81 RFP 97-036 STANDARDS CHECKLIST AS OF 07/29/97 Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles FEDERAL INFORMATION PROCESSING STANDARDS (FIPS) X ------- -------- ------- FIPS 4-1, Calendar Date X ------- -------- ------- FIPS 5-2, Codes for the Identification of the States, District of Columbia, and the Outlying Areas of the United States, and Associated Areas X ------- -------- ------- FIPS 6-4, Counties and County Equivalents of the States of the United States and the District of Columbia X ------- -------- ------- FIPS 8-5, Standard Metropolitan Statistical Areas X ------- -------- ------- FIPS 9-1, Congressional Districts of the United States X ------- -------- ------- FIPS 10-3, Countries, dependencies and areas of Special Sovereignty X ------- -------- ------- FIPS 127-2, Database Language SQL X ------- -------- ------- FIPS 160, C Page 42 of 81 RFP 97-036 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 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2) (APRIL 1984) (A) The offeror certifies that-- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a formally advertised solicitation) or contract Page 43 of 81 RFP 97-036 award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (B) Each signature on the offer is considered to be a certification by the signatory that the signatory-- (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (A)(1) through (A)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (A)(1) through (A)(3) above __________________________ ______________________________________________________ (ii) As an authorized agent, does certify that the principals named in subdivision (B)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (A)(1) through (A)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (A)(1) through (A)(3) above. (C) If the offeror deletes or modifies subparagraph (A)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. K.3 EXEMPTION FROM APPLICATION OF SERVICE CONTRACT ACT PROVISIONS FOR CONTRACTS FOR MAINTENANCE, CALIBRATION, AND/OR REPAIR OF CERTAIN ADP, SCIENTIFIC, AND MEDICAL AND/OR OFFICE BUSINESS EQUIPMENT--CONTRACTOR CERTIFICATION (FAR 52.222-48) (OCT 1995) (a) The following certification shall be checked: CERTIFICATION The offeror certifies [ ] does not certify [ ] that: (1) The items of equipment to be serviced under this contract are commercial items which are used regularly for other than Government purposes, and are sold or traded by the Contractor in substantial quantities to the general public in the course of normal business operations; (2) The contract services are furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, and/or repair of certain ADP, scientific and medical, Page 44 of 81 RFP 97-036 and/or office and business equipment. An "established catalog price" is a price (including discount price) recorded in a catalog, price list schedule, or other verifiable an established record that is regularly maintained by the manufacturer or the Contractor and is either published or otherwise available for inspection by customers. An "established market price" is a current price, established in the course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated by data from sources independent of the manufacturer or Contractor; and (3) The Contractor utilizes the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the Contractor uses for equivalent employees servicing the same equipment of commercial customers. (b) If a negative certification is made and a Service Contract Act wage determination is not attached to the solicitation, the Contractor shall notify the Contracting Officer as soon as possible. (c) Failure to execute the certification in paragraph (a) of this clause or to contact the Contracting Officer as required in paragraph (b) of this clause may render the bid or offer nonresponsive. K.4 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: _________________________________________ (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: ___________________________________________________ Page 45 of 81 RFP 97-036 (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: __________________________________________ 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 Page 46 of 81 RFP 97-036 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 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.) Page 47 of 81 RFP 97-036 (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.5 SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) (JAN 1997) (a)(1) The standard industrial classification (SIC) code for this acquisition is 7379. (2) The small business size standard is 7379. (3) Ths 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. (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 Page 48 of 81 RFP 97-036 (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. "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 Page 49 of 81 RFP 97-036 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.6 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.7 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.8 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 Page 50 of 81 RFP 97-036 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 (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.9 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. Page 51 of 81 RFP 97-036 K.10 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 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. Page 52 of 81 RFP 97-036 (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 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.11 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 Page 53 of 81 RFP 97-036 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; ( ) 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.12 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 Page 54 of 81 RFP 97-036 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 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.13 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 Page 55 of 81 RFP 97-036 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 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. Page 56 of 81 RFP 97-036 K.14 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 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.15 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 Page 57 of 81 RFP 97-036 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.16 CLEAN AIR AND WATER CERTIFICATION (FAR 52.223-1) (APRIL 1984) The Offeror certifies that-- (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.17 LIMITATIONS ON SUBCONTRACTING (FAR 52.219-14) (JANUARY 1991) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-- (a) SERVICES (EXCEPT CONSTRUCTION). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (b) SUPPLIES (OTHER THAN PROCUREMENT FROM A REGULAR DEALER IN SUCH SUPPLIES). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials. (c) GENERAL CONSTRUCTION. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees. (d) CONSTRUCTION BY SPECIAL TRADE CONTRACTORS. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees. K.18 CERTIFICATION OF SUBCONTRACTING (ED 313-1) (APRIL 1995) SBA Contract #: Prime Contract #: Page 58 of 81 RFP 97-036 ---------------- --------------- ** Part 1 ** Certification of Subcontracting I certify that at least the percentage of work required by 13 CFR 124.314 shall be performed by employees of my firm and that SBA approval will be obtained prior to entering into a subcontract with any other concern. Those percentages are: [_] SERVICES (except construction) -- At least 50 percent of the cost o contract performance incurred for labor must be expended for employees of the 8(a) concern. [_] SUPPLIES (other than from regular dealer) -- At least 50 percent of the cost of manufacturing the supplies, not including the cost of materials. [_] GENERAL CONSTRUCTION -- At least 15 percent of the cost of the contract, not including the cost of materials, must be expended for employees of the 8(a) concern. [_] CONSTRUCTION BY SPECIAL TRADE CONTRACTORS -- At least 25 percent of the cost of contract, no including the cost of materials, must be expended form employees of the 8(a) concern. K.19 CERTIFICATION OF SUBCONTRACTING, PART 2 (ED 313-2) (APRIL 1995) ** Part 2 ** I hereby request permission to subcontract with for ______________ the amount specified in our Best and Final Offer. K.20 COMPETITIVE BUSINESS MIX CERTIFICATION (ED 313-3) (APRIL 1995) ** Part 3 ** Competitive Business Mix Certification (A) [_]FIRM NAME: is in the developmental stage. (B) [_]FIRM NAME: acknowledges that it is currently in the transition stage of 8(a) Program participation and certifies that it is compliance with the non 8(a) business activity targets established pursuant to 13 CFR 124.312(c)(4) and (5). (C) [_]FIRM NAME: certifies that it is in Page 59 of 81 RFP 97-036 compliance with the remedial measures imposed by SBA, if any, pursuant to 13 CFR 124.312(c)(12) [Misrepresentation by falsely certifying to past compliance with the non-8(a) business activity targets established in the business (1) Punishment by a fine of not more than $500,000 or imprisonment for not more than 10 years, or both; (2) The administrative remedies prescribed by the Program fraud Civil Remedies Act of 1986 (31 USC 3801-3812); (3) Suspension and debarment as specified in 13 CFR 145 of Subpart 9.4 of Title 48 Code of Federal Regulation (or any successor regulation) on the basis that such misrepresentation indicates a lack of business integrity that seriously and directly effects the present responsibility of a person or entity to transact business with the Federal Government; and (4) Ineligibility for participation in any program or activity conducted under the authority of the Small Business Act of the Small Business Investment Act for a period of not to exceed 3 years.] FIRM NAME: ADDRESS: CITY, STATE, ZIP: DATE: ---------------------------------------------- ------------- SIGNATURE OF PRESIDENT, PARTNER, OR PROPRIETOR ORIGINAL SIGNATURES ONLY, REPRODUCTION WILL NOT BE ACCEPTED Page 60 of 81 RFP 97-036 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.1 TYPE OF CONTRACT (ED 311-1) (MARCH 1986) The Government contemplates award of a Fixed Price and Time and Materials type contract from this solicitation. L.2 AVAILABILITY OF THE FEDERAL ADP AND TELECOMMUNICATIONS STANDARDS INDEX (APRIL 1989) Copies of the "Federal ADP and Telecommunications Standards Index" may be obtained by submitting a written request to the Superintendent of Documents; U.S. Government Printing Office; Washington, D.C. 20402. L.3 PRIVACY AND SECURITY SAFEGUARDS FAR 239-1 (AUG 1996) (a) The details of any safeguards the contractor may design or develop under this contract are the property of the Government and shall not be published or disclosed in any manner without the contracting officer's express written consent. (b) The details of any safeguards that may be revealed to the contractor by the Government in the course of performance under this contract shall not be published or disclosed in any manner without the contracting officer's express written consent. (c) The Government shall be afforded full, free, and uninhibited access to all facilities, installations, technical capabilities, operations, documentation, records, and data bases for the purpose of carrying out a program of inspection to ensure continued efficacy and efficiency of safeguards against threats and hazards to data security, integrity, and confidentiality. (d) If new or unanticipated threats or hazards are discovered by either the Government or the contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. Mutual agreement shall then be reached on changes or corrections to existing safeguards or institution of new safeguards, with final determination of appropriateness being made by the Government. The Government's liability is limited to an equitable adjustment of cost for such changes or corrections, and the Government shall not be liable for claims of loss of business, damage to reputation, or damages of any other kind arising from discovery of new or unanticipated threats or hazards, or any pubilic or private disclosure thereof. Page 61 of 81 RFP 97-036 (End of Clause) 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 5 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 Support Services Group GSA Building, Room 3616 (Mail Stop 4443) 7th & D Streets, S.W. Washington, D. C. 20202-4443 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 Support Services Group (SSG) at 708-8191. 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 SSG where the proposal will be officially received. Page 62 of 81 RFP 97-036 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 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. 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 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 Page 63 of 81 RFP 97-036 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: This procurement is designed to obtain the services of a contractor capable of establishing and maintaining effective Internet sites and services for large organizations (i.e., 5,000+ employees, nationwide operations, high volume activity, large user base, name recognition). The contractor must possess expertise in all aspects of Internet and Web-related services, including HTML markup, graphic design, document conversion, integration of databases and other software with Web sites and browsers, communications networks and protocols, information technology research and planning, information management, site management, and the development, implementation, and monitoring of policies and procedures for such activities. In addition to maintaining and improving the quality and extent of its current Internet services, ED is looking for innovative ways of automating the maintenance of ED's web site, handling the growing amount of information hosted on the site, and improving the efficiency, accuracy, and speed of handling the increasing volume of material that must be prepared and updated on an ongoing basis. The offeror should demonstrate its understanding of the need to balance use of advanced technologies in delivering ED's Internet services with the obligation to serve all of ED's customers (i.e., everyone who is involved in or interested in education) and the full range of access capabilities and constraints that they present -- including low bandwidth access, disabilities, and old or underpowered computing platforms. All offerors must submit written proposals addressing the following items: 1) the offeror's understanding of the U.S. Department of Education's needs for Internet application support services and Page 64 of 81 RFP 97-036 comprehension of the substance and complexity of educational issues and problems; 2) a description of the offeror's proposed approach to the work, briefly addressing each task and aspect of the work described in the statement of work (include printed example URLs and status report); Additional instructions: Include printed examples, and working URLs if available, for one or more examples that demonstrate the offeror's capabilities in the following areas, with an explanation of each example's relevance to the work specified under this contract: Task 1 (Document Preparation) -- markup and design of documents and document collections Task 2 (Information Application Development and Maintenance) -- designing and developing applications of the types described in Task 2 Task 3 (Discussion and Collaboration Application Development and Maintenance) -- designing and developing Web-based discussion and collaboration applications Task 5 (Training) -- designing and developing Internet-based training materials Task 6 (Technical Support) -- developing FAQs to provide technical support to data preparers and process owners 3.1 Task 1 -- Document Preparation The offeror should propose innovative techniques for managing and efficiently handling the volume and variety of workflow described in Task 1 3.4 Task 4 -- System Evaluation, Performance Monitoring, and Continuous Improvement The offeror should describe its proposed content management plan to monitor and ensure the integrity and quality of the information and services under the contract, including but not limited to procedures for version control, tracking document aging (shelf-life tickler), and a staging area. The content management plan may be incorporated into the quality control plan (see Section 4.5). The offeror should describe its proposed approach to system evaluation (annual and ongoing), ongoing monitoring of system performance, Internet trends, and customer needs, and continuous improvement. 3.9 Task 9 -- Reporting Page 65 of 81 RFP 97-036 The offeror should provide a sample monthly status report to illustrate format and type of content. 4.5 Quality Control Requirements The offeror should describe its proposed quality control plan, which may include the content management plan and other related items described in Section 3.4 -- Task 4 3) a description of corporate capability, staff experience and facilities (not to exceed three pages), plus a detailed resume containing the information below on the project manager it intends to employ under this contract. This resume shall include: (1) The full name of the proposed project manager; (2) A description of the proposed project manager's past work experience for the last five (5) years. Include the name(s) and address(es) of the company (ies) where the proposed project manager has worked along with the name(s) and telephone number(s) of his/her immediate supervisor(s); (3) A description of the proposed project manager's management and technical work experience in the following areas: -- Internet technologies -- electronic dissemination of information/public access electronic information repositories using Internet (e.g., World Wide Web, listservs, etc.) -- quality control and management -- quality customer service -- supervisory and project management experience 4) Address these questions: How would you ensure that ED's Internet services will operate at a maximum efficiency level and be a model for the Federal Government? How would your firm handle ED's periodic "spikes" in demand for design and preparation of documents and document collections and development of applications? What steps would you take to ensure quality control and exceptional customer service? 5) The offeror shall propose a methodology and/or draft for a task which might be awarded under Task 10 -- Task Orders for an innovative redesign of the ED website. ED's goals for such a redesign are to: a) make it easier for all of ED's various customers to find Page 66 of 81 RFP 97-036 what they're looking for; b) draw window-shoppers in and cause maximum return visits by all customers; c) project the Department's message; d) facilitate maintenance of the site's rapidly growing information content; and e) establish a more uniform look. L.6 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 Page 67 of 81 RFP 97-036 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 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). Page 68 of 81 RFP 97-036 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 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.7 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. Page 69 of 81 RFP 97-036 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 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 60 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 Page 70 of 81 RFP 97-036 (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 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.8 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: The prices or rates for any individually priced items for both the base period of the contract and any option periods. If a pricing schedule is attached to this RFP, include a completed copy of the pricing schedule. Additional cost-related information is not required under this solicitation. However, the contracting officer may require information during negotiations if the contracting officer determines that additional information is needed to determine the reasonableness of the offeror's price or cost realism. 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) L.9 NOTIFICATION OF COMPETITION LIMITED TO ELGIBLE 8(A) CONCERNS (52.219-18) (JAN 1997) (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer- (1) SIC code 7379 is specifically included in the Offeror's Page 71 of 81 RFP 97-036 approved business plan; (2) The Offeror is in compliance with the 8(a) support limitation set forth in its approved business plan; and (3) The Offeror is in conformance with Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA. (b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause. (c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the succesful 8(a) offerer selected through the evaluation criteria set forth in this solicitation. (d)(1) Agreement. A small business concern submitting an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States. The term "United States" includes its territories and possessions, the Commonwealth of Puerto, the Trust Territory of the Pacific Islands, and the District of Columbia. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This subparagraph does not apply in connection with construction or service contracts. (2) The 8(a) subcontractor will notify the ED Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. L.10 ADDITIONAL INSTRUCTION FOR PROPOSAL FOR ADP SECURITY COMPLIANCE (ED 311-17) (FEBRUARY 1988) Potential offerors are directed to the security requirements under the clause entitled "Automated Data Processing (ADP) System Security Requirements", ED 307-13. Technical proposals must include a separately detailed plan for meeting these requirments, including any necessary subcontract applications. Submission of these plans shall serve as certifications of the offerors' full intent for compliance. L.11 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 Page 72 of 81 RFP 97-036 solicitation. L.12 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 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.13 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS (FAR 52.215-10) (MAY 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 at the initial point of entry to the Government infrastructure 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 Page 73 of 81 RFP 97-036 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 "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 Page 74 of 81 RFP 97-036 an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award. L.14 FAILURE TO SUBMIT OFFER (FAR 52.215-15) (MAY 1997) Recipients of this solicitation not responding with an offer should not return this solicitation, unless it specifies otherwise. Instead, for paper transactions, they should advise the issuing office by letter, postcard, or established electronic commerce methods, whether they want to receive future solicitations for similar requirements. Electronic solicitations do not require notification of desire to receive future solicitations, since these solicitations will be openly available to any interested party. 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 applicable mailing list. (End of Provision) L.15 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.16 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, Page 75 of 81 RFP 97-036 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 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.17 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 Page 76 of 81 RFP 97-036 if the Paperwork Reduction Act is applicable. L.18 SERVICE OF PROTESTS (FAR 52.233-2) (AUG 1996) ^ (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 (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer specified in block l0 of SF-33. (B) The copy of any protest shall be received in the office designated above within one day of filing a protest with GAO. (End of Provision) L.19 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.) (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. Page 77 of 81 RFP 97-036 SECTION M - EVALUATION FACTORS FOR AWARD M.1 EVALUATION FACTORS FOR AWARD (ALTERNATE I) (ED 312-8) (APRIL 1984) (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 Page 78 of 81 RFP 97-036 subcontracting program - reasonable/cooperative behavior - effective use of technology in management and communication - flexible - minimal staff turnover - maintains high 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: Offerors will be scored as follows: Page 79 of 81 RFP 97-036 Category 1) Understanding the Project (60 points total) a. Understanding of the U.S. Department of Education's needs for Internet application support services (40 points) b. Comprehension of the substance and complexity of educational information, issues, and problems (20 points) 2) Quality of Technical Approach (290 points total) Reasonableness and feasibility of the approach; quality and relevance of submitted example URLs to ED's work, where applicable; staff quality and level of effort devoted to: a. Design, creation, and maintenance of documents and collections (50 points) b. Design, development, and maintenance of information applications (50 points) c. Implementation, maintenance, and support of discussion and collaboration applications (20 points) d. Quality control plan, system evaluation, content management, performance monitoring, and continuous improvement (60 points) e. Design and delivery of training (20 points) f. Technical support and assistance (20 points) g. Technical interface, coordination, and consulting, including monitoring of webmaster and other system-wide email accounts (20 points) h. Site security assessment and monitoring plan (20 points) i. Monthly reporting and ongoing usage statistics (20 points) j. Startup/transition (10 points) 3) Corporate Capability, Staff Experience and Facilities (95 points total) a. Operational staff experience and education; demonstration of experience in the full range of required work (20 points) Page 80 of 81 RFP 97-036 b. Quality and relevance of proposed project manager's management and technical work experience (10 points) c. Adequacy of plant and equipment, including computers, networking, and telecommunications infrastructure (10 points) d. Demonstrated recent successful experience in managing similar contracts or related work of comparable technical complexity (25 points) e. The practicality and feasibility of the proposed management plan in terms of proposed time, workflow, and resources (15 points) f. Quality of the organization and writing of the proposal (15 points) 4) Questions (45 points total): a. Question 1: How would you ensure that ED's Internet services will operate at a maximum efficiency level and be a model for the Federal Government? (15 points) b. Question 2: How would your firm handle ED's periodic "spike" in demand for design and preparation of document collections and development of applications? (15 points) c. Question 3: What steps would you take to ensure quality control and exceptional customer service? (15 points) 5) Redesign Task (10 points total): a. Reasonableness and feasibility of proposed approach; quality and relevance to ED's goals (10 points) Total Points: 500 Page 81 of 81