Solicitation Snapshot File
Issued:04/22/98 Rating: -005856
Solicitation TypRFP
Issue By:EDRFP
U.S. Dept. of Education, CPO/SSG
GSA Bldg. (ROB-3), Rm 3616
Seventh and D Streets SW
Washington, DC 20202-4443
Offer ToEDRFP
U.S. Dept. of Education, CPO/SSG
GSA Bldg. (ROB-3), Rm 3616
Seventh and D Streets SW
Washington, DC 20202-4443
Ship To:OERIXO
Tom Hill
U.S. Department of Education, Rm 602H
555 New Jersey Avenue NW
Washington, DC 20208-5532
Delivery By:12/31/99
Proposals Due:06/15/98
Time:14:00
Copies:8
FOB Flag:Destination
Set-aside FlagU
Set-aside Type:
SAF:NoAvailable?:Yes
Name: Michelle A. Ringo Phone: (202) 708-8283
Administered By:CPOD
Contracts and Purchasing Opr., Group D
U.S. Dept. of Education, Rm 3616, ROB-3
Seventh and D Streets SW
Washington, DC 20202-4447
Payment Code: PAYOFF
U.S. Department of Education
Payment Management Services, Rm. 3365
600 Independence Avenue SW
Washington, DC 20202-4435
****************************** LINE ITEMS ******************************
Line Item
Number Qty UI ------------------------------------------
0001 1.00 EA
PR FOR ERIC CLEARINGHOUSE RECOMPETITION
1 301-10
PROVISION FOR PRICING AND PAYMENT (ALTERNATE I)
(ED 301-10) (AUGUST 1985)
The total fixed price of this contract is __________ Payment of that
amount shall be made in accordance with the incorporated General Provision
entitled "Payments" or "Payments under Fixed-Price Research and
Development Contracts," whichever is applicable, and with any other
supplementary payment scheme which may be otherwise negotiated and
specified.
2 301-26b
CONTRACT MINIMUM/MAXIMUM
(ED 301-26b)
The minimum amount for this contract is $0 The maximum amounts for each
year are:$ $750,000
This clause refers only to the special project/task order portion of this c
3 301-25
TASK ORDER COMPETITION
(ED 301-25)
At the discretion of the Government, individual task orders may be competed
among the contracts awarded pursuant to FAR 16.505(b). Individual criteria
for evaluation purposes shall be spelled out in the specific Task Order
Request for Proposal.
Source selection decisions made under these limited competition procedures
shall not be subject to the Disputes Clause of this contract (FAR
52.233-1). The Contracting Officer's source selection decisions for any
task awarded under this contract shall be final. However, complaints from
contractors on task order contracts will be reviewed by the Task Order
Ombudsman for the Department of Education.
4 302-2
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, Part I-III generally and Part IV with regards to the
specific clearinghouse to be undertaken at Attachment A. This shall also
be done in accordance with the specified General and Special Provisions
and the contractor's final technical proposal, which are hereby
incorporated by reference as a part of the contract. __________
5 303-1
SHIPMENT AND MARKING
(ED 303-1) (MARCH 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 3616, MAIL STOP 4447
7TH AND D STREETS, SW
WASHINGTON, DC 20202-4447
(c) Mark deliverables for: __________
(End of Section)
ED-98-R-0009 Page B-2
1 304-1
INSPECTION AND ACCEPTANCE
(ED 304-1) (FEBRUARY 1985)
Pursuant to the inspection clause, Section I, final inspection
and acceptance of all contracted items shall be made by the Contracting
Officer.
2 305-4
PERIOD OF PERFORMANCE
(ED 305-4) (MARCH 1986)
The period of performance shall be from January 1, 1999 to December 31,
1999 inclusive of all specified deliveries and/or task work.
3 305-6
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.
4 306-10
GOVERNMENT-FURNISHED DATA
(ED 306-10) (APRIL 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 in the Government.
(C) The Contractor shall use the Government-furnished data only in
connection with this contract.
(D) The data will be furnished to the Contractor as specified in the
Part IV of the Statement of Work (E) Other treatment and rights shall be
in accordance with the incorporated general provision titled "Government
Property".
5 306-12
GOVERNMENT PROPERTY--RESIDUAL INVENTORY
(ED 306-12) (APRIL 1984)
The Contractor is authorized to use in the performance of this contract
the residual inventory presently accountable to Contract No. __________
6 306-13
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.
__________
(End of Section)
ED-98-R-0009 Page B-2
1 306-1a
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 one (1) copy of the
invoice or contract financing request to the Designated Billing Office.
LaShawn Flemming
U.S. Department of Education
Contracts and Purchasing Operations
ROB-3, Room 3616, Mail Stop 4447
7th and D Streets, SW
Washington, DC 20202-4447
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).
__________
2 306-2
ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY
(ED 306-2) (JANUARY 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.
3 306-6
GOVERNMENT PROPERTY ADMINISTRATOR
(ED 306-6) (DECEMBER 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.
4 306-8
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.
__________
(End of Section)
ED-98-R-0009 Page B-2
1 301-20
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.
2 307-17
ORGANIZATIONAL CONFLICTS OF INTEREST
(ED 307-17) (APRIL 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).
3 307-2
KEY PERSONNEL DESIGNATION
(ED 307-2) (MARCH 1985)
In accordance with the contract clause entitled "Key Personnel", the
following key personnel are considered to be essential to the work
being performed:
Clearinghouse Director
Associate Director
Acquisitions Coordinator
User Services Coordinator
Computer/System Analyst/Technology Specialist
(End of Section)
ED-98-R-0009 Page B-2
1 307-3
DUAL COMPENSATION
(ED 307-3) (MARCH 1985)
If a project staff member, subcontractor, or consultant is involved
in two or more projects, at least one of which is supported by
Federal funds, he/she may not be compensated for more than 100
percent of his/her time during any part of the period of dual
involvement. That is, an individual is prohibited from receiving
double payment for any given period of work.
(END OF CLAUSE)
2 307-30
SUBMISSION OF MANDATORY INFORMATION FOR ELECTRONIC
FUNDS TRANSFER PAYMENT(ED 307-30) (SEP 1997)
(a) FAR clause 52.232-33, Mandatory Information for Electronic Funds
Transfer Payments, requires the Contractor to submit information
needed for payment by EFT to the payment office. The Government
intends to use the ACH method for EFT payments, so the Contractor
does not need to submit the information prescribed in subsection
(d)(5) of that clause unless otherwise requested by the Government.
If information previously submitted to the payment office for another
contract will also apply to this contract, the Contractor may inform
the payment office in lieu of resubmitting the information. If
the information submitted will apply to multiple contracts, the
Contractor shall identify which contracts are covered.
(b) The payment office may have access to financial information from
the Central Contractor Registration system or from records related to
another contract between with the Department of Education (ED) and the
Contractor. The Contractor agrees that the Government may use such
information to pay an invoice or payment request under this contract,
unless, at least one week prior to the Contractor's submission of the
invoice or payment request, the payment office has received from the
Contractor--
(1) The information required by FAR clause 52.232-33,
Mandatory Information for Electronic Funds Transfer
Payments, OR
(2) A written notification that payments under this contract
should not be made using information from the Central
Contractor Registration system or from information that
the Contractor submitted under another contract with the
Department of Education (ED).
(c) The Contractor shall submit the information and notices required
by this clause and FAR clause 52.232-33, Mandatory Information for
Electronic Funds Transfer Payments to the payment office at the
following address:
Vendor Payment Information
U.S. Department of Education
OCFO/CPO/Support Services Group
Room 3616, ROB-3
600 Independence Ave., SW.,
Washington, DC 20202-4443
(End of Section)
ED-98-R-0009 Page B-2
1 307-31
YEAR 2000 COMPLIANCE (307-31)
(NOVEMBER 1997)
(a) Each hardware, software, and firmware product delivered or
developed under this contract must be able to accurately process
date/time data (including, but not limited to, calculating, comparing,
and sequencing) from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000 and leap year calculations to
the extent that other information technology, used in combination with
the information technology being acquired, properly exchanges
date/time data with it.
(b) If the contract requires that specific hardware, software,
and firmware products must perform as a system, then the requirements
of paragraph (a) of this clause shall apply to those products as a
system.
(c) With respect to Government-furnished property, the requirements
of paragraph (a) of this clause shall apply only to its proper
installation, unless the Contractor performs some modification or
other work on the property, in which case the requirements of
paragraph (a) of this clause shall extend to the modification or other
work.
(d) The requirements of paragraph (a) of this clause do not apply
to products specified by the Government on a "brand name and model"
basis, unless the product was designed or produced by the contractor
or one of its affiliates.
2 307-8
PAYMENT OF PRINTING TO BE PERFORMED BY THE
GOVERNMENT PRINTING OFFICE (ED 307-8) (APRIL 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.
3 316-1
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
(End of Section)
ED-98-R-0009 Page B-2
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 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)
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, 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
(End of Section)
ED-98-R-0009 Page B-2
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
(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.
1 52.217-8
OPTION TO EXTEND SERVICES (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 extension of performance hereunder shall not exceed 6
months. The Contracting Officer may exercise the option by written notice
to the Contractor within the period specified in the Schedule.
(Note: Notice shall be given within 30 days after contract completion.)
2 52.217-9
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)
(52.217-9)
(a) The Government may extend the term of this contract by written
notice to the Contractor within 30 days of expiration of the relevant base
year or option period 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 December 31,
2003.
(d) There are four Optional Periods of Performance as follows:
Option Period I January 1, 2000 to December 31, 2000
Option Period II January 1, 2001 to December 31, 2001
Option Period III January 1, 2002 to December 31, 2002
Option Period IV January 1, 2003 to December 31, 2003
3 52.230-2
COST ACCOUNTING STANDARDS (APR 1996)
(a) Unless the contract is exempt under 48 CFR 9903.201-1 and 9903.201-2,
the provisions of 48 CFR, Part 9903 are incorporated herein by reference
and the Contractor, in connection with this contract, shall--
(1) (CAS-covered Contracts Only) By submission of a Disclosure
Statement, disclose in writing the Contractor's cost accounting
practices as required by 48 CFR 9903.202-1 through 9903.202-5, including
methods of distinguishing direct costs from indirect costs and the basis
used for allocating indirect costs. The practices disclosed for this
contract shall be the same as the practices currently disclosed and
applied on all other contracts and subcontracts being performed by the
Contractor and which contain a Cost Accounting Standards (CAS) clause.
If the Contractor has notified the Contracting Officer that the
(End of Section)
ED-98-R-0009 Page B-2
Disclosure Statement contains trade secrets and commercial or financial
information which is privileged and confidential, the Disclosure
Statement shall be protected and shall not be released outside of the
Government.
(2) Follow consistently the Contractor's cost accounting practices in
accumulating and reporting contract performance cost data concerning
this contract. If any change in cost accounting practices is made for
the purposes of any contract or subcontract subject to CAS requirements,
the change must be applied prospectively to this contract and the
Disclosure Statement must be amended accordingly. If the contract price
or cost allowance of this contract is affected by such changes,
adjustment shall be made in accordance with subparagraph (a)(4) or (a)(5)
of this clause, as appropriate.
(3) Comply with all CAS, including any modifications and
interpretations indicated thereto contained in 48 CFR Part 9904, in
effect on the date of award of this contract or, if the Contractor has
submitted cost or pricing data, on the date of final agreement on price
as shown on the Contractor's signed certificate of current cost or
pricing data. The Contractor shall also comply with any CAS (or
modifications to CAS) which hereafter become applicable to a contract or
subcontract of the Contractor. Such compliance shall be required
prospectively from the date of applicability to such contract or
subcontract.
(4)(i) Agree to an equitable adjustment as provided in the Changes
clause of this contract if the contract cost is affected by a change
which, pursuant to subparagraph (a)(3) of this clause, the Contractor is
required to make to the Contractor's established cost accounting
practices.
(ii) Negotiate with the Contracting Officer to determine the terms
and conditions under which a change may be made to a cost accounting
practice, other than a change made under other provisions of
subparagraph (a)(4) of this clause; provided that no agreement may be
made under this provision that will increase costs paid by the United
States.
(iii) When the parties agree to a change to a cost accounting
practice, other than a change under subdivision (a)(4)(i) of this
clause, negotiate an equitable adjustment as provided in the Changes
clause of this contract.
(5) Agree to an adjustment of the contract price or cost allowance,
as appropriate, if the Contractor or a subcontractor fails to comply with
an applicable Cost Accounting Standard, or to follow any cost accounting
practice consistently and such failure results in any increased costs
paid by the United States. Such adjustment shall provide for recovery
of the increased costs to the United States, together with interest
thereon computed at the annual rate established under section 6621 of the
Internal Revenue Code of 1986 (26 U.S.C. 6621) for such period, from the
time the payment by the United States was made to the time the adjustment
is effected. In no case shall the Government recover costs greater than
the increased cost to the Government, in the aggregate, on the relevant
contracts subject to the price adjustment, unless the Contractor made a
change in its cost accounting practices of which it was aware or should
have been aware at the time of price negotiations and which it failed to
disclose to the Government.
(b) If the parties fail to agree whether the Contractor or a
(End of Section)
ED-98-R-0009 Page B-2
subcontractor has complied with an applicable CAS in 48 CFR, Part 9904 or a
CAS rule or regulation in 48 CFR, Part 9903 and as to any cost adjustment
demanded by the United States, such failure to agree will constitute a
dispute under the Contract Disputes Act (41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives of the
Government to examine and make copies of any documents, papers, or records
relating to compliance with the requirements of this clause.
(d) The Contractor shall include in all negotiated subcontracts which
the Contractor enters into, the substance of this clause, except
paragraph (b), and shall require such inclusion in all other subcontracts,
of any tier, including the obligation to comply with all CAS in effect on
the subcontractor's award date or if the subcontractor has submitted cost
or pricing data, on the date of final agreement on price as shown on the
subcontractor's signed Certificate of Current Cost or Pricing Data. This
requirement shall apply only to negotiated subcontracts in excess of
$500,000 where the price negotiated is not based on--
(1) Established catalog or market prices of commercial items sold in
substantial quantities to the general public; or
(2) Prices set by law or regulation, and except that the requirement
shall not apply to negotiated subcontracts otherwise exempt from the
requirement to include a CAS clause as specified in 48 CFR 9903.201-1.
(End of clause)
1 52.230-3
DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (APR 1996)
(a) The Contractor, in connection with this contract, shall--
(1) Comply with the requirements of 48 CFR 9904.401, Consistency in
Estimating, Accumulating, and Reporting Costs; 48 CFR 9904.402,
Consistency in Allocating Costs Incurred for the Same Purpose; 48 CFR
9904.405, Accounting for Unallowable Costs; and 48 CFR 9904.406, Cost
Accounting Standard--Cost Accounting Period, in effect on the date of
award of this contract as indicated in 48 CFR Part 9904.
(2) (CAS-covered Contracts Only) If it is a business unit of a company
required to submit a Disclosure Statement, disclose in writing its cost
accounting practices as required by 48 CFR 9903.202-1 through 9903.202-5.
If the Contractor has notified the Contracting Officer that the
Disclosure Statement contains trade secrets and commercial or financial
information which is privileged and confidential, the Disclosure
Statement shall be protected and shall not be released outside of the
Government.
(3)(i) Follow consistently the Contractor's cost accounting practices.
A change to such practices may be proposed, however, by either the
Government or the Contractor, and the Contractor agrees to negotiate
with the Contracting Officer the terms and conditions under which a
change may be made. After the terms and conditions under which the
change is to be made have been agreed to, the change must be applied
prospectively to this contract, and the Disclosure Statement, if
affected, must be amended accordingly.
(ii) The Contractor shall, when the parties agree to a change to a
cost accounting practice and the Contracting Officer has made the
finding required in 48 CFR 9903.201-6(b), that the change is desirable
and not detrimental to the interests of the Government, negotiate an
equitable adjustment as provided in the Changes clause of this
contract. In the absence of the required finding, no agreement may be
made under this contract clause that will increase costs paid by the
(End of Section)
ED-98-R-0009 Page B-2
United States.
(4) Agree to an adjustment of the contract price or cost allowance, as
appropriate, if the Contractor or a subcontractor fails to comply with
the applicable CAS or to follow any cost accounting practice, and such
failure results in any increased costs paid by the United States. Such
adjustment shall provide for recovery of the increased costs to the
United States together with interest thereon computed at the annual rate
of interest established under the Internal Revenue Code of 1986 (26
U.S.C. 6621), from the time the payment by the United States was made to
the time the adjustment is effected.
(b) If the parties fail to agree whether the Contractor has complied with
an applicable CAS, rule, or regulation as specified in 48 CFR, Parts 9903
and 9904 and as to any cost adjustment demanded by the United States, such
failure to agree will constitute a dispute under the Contract Disputes Act
(41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives of the
Government to examine and make copies of any documents, papers, and records
relating to compliance with the requirements of this clause.
(d) The Contractor shall include in all negotiated subcontracts, which
the Contractor enters into, the substance of this clause, except paragraph
(b), and shall require such inclusion in all other subcontracts of any
tier, except that--
(1) If the subcontract is awarded to a business unit which pursuant to
48 CFR 9903.201 is required to follow all CAS, the clause entitled "Cost
Accounting Standards" set forth in FAR 52.230-2, shall be inserted in
lieu of this clause; or
(2) This requirement shall apply only to negotiated subcontracts in
excess of $500,000 where the price negotiated is not based on--
(i) Established catalog or market prices of commercial items sold in
substantial quantities to the general public; or
(ii) Prices set by law or regulation; or
(3) The requirement shall not apply to negotiated subcontracts
otherwise exempt from the requirement to include a CAS clause as
specified in 48 CFR 9903.201-1.
(End of clause)
1 52.230-5
COST ACCOUNTING STANDARDS--EDUCATIONAL INSTITUTION (APR 1996)
(a) Unless the contract is exempt under 48 CFR 9903.201-1 and
9903.201-2, the provisions of 48 CFR 9903 are incorporated herein by
reference and the Contractor, in connection with this contract, shall--
(1) (CAS-covered Contracts Only). If a business unit of an educational
institution required to submit a Disclosure Statement, disclose in
writing the Contractor's cost accounting practices as required by 48 CFR
9903.202-1 through 9903.202-5, including methods of distinguishing direct
costs from indirect costs and the basis used for accumulating and
allocating indirect costs. The practices disclosed for this contract
shall be the same as the practices currently disclosed and applied on all
other contracts and subcontracts being performed by the Contractor and
which contain a Cost Accounting Standards (CAS) clause. If the
Contractor has notified the Contracting Officer that the Disclosure
Statement contains trade secrets, and commercial or financial information
which is privileged and confidential, the Disclosure Statement shall be
protected and shall not be released outside of the Government.
(2) Follow consistently the Contractor's cost accounting practices in
(End of Section)
ED-98-R-0009 Page B-2
accumulating and reporting contract performance cost data concerning this
contract. If any change in cost accounting practices is made for the
purposes of any contract or subcontract subject to CAS requirements, the
change must be applied prospectively to this contract and the Disclosure
Statement, if required, must be amended accordingly. If an accounting
principle change mandated under Office of Management and Budget (OMB)
Circular A-21, Cost Principles for Educational Institutions, requires
that a change in the Contractor's cost accounting practices be made after
the date of this contract award, the change must be applied prospectively
to this contract and the Disclosure Statement, if required, must be
amended accordingly. If the contract price or cost allowance of this
contract is affected by such changes, adjustment shall be made in
accordance with subparagraph (a)(4) or (a)(5) of this clause, as
appropriate.
(3) Comply with all CAS, including any modifications and
interpretations indicated thereto contained in 48 CFR 9905 in effect on
the date of award of this contract or, if the Contractor has submitted
cost or pricing data, on the date of final agreement on price as shown on
the Contractor's signed certificate of current cost or pricing data. The
Contractor shall also comply with any CAS (or modifications to CAS) which
hereafter become applicable to a contract or subcontract of the
Contractor. Such compliance shall be required prospectively from the
date of applicability to such contract or subcontract.
(4)(i) Agree to an equitable adjustment as provided in the Changes
clause of this contract if the contract cost is affected by a change
which, pursuant to subparagraph (a)(3) of this clause, the Contractor is
required to make to the Contractor's established cost accounting
practices.
(ii) Negotiate with the Contracting Officer to determine the terms
and conditions under which a change may be made to a cost accounting
practice, other than a change made under other provisions of
subparagraph (a)(4) of this clause; provided that no agreement may be
made under this provision that will increase costs paid by the United
States.
(iii) When the parties agree to a change to a cost accounting
practice, other than a change under subdivision (a)(4)(i) or (a)(4)(iv)
of this clause, negotiate an equitable adjustment as provided in the
Changes clause of this contract.
(iv) Agree to an equitable adjustment as provided in the Changes
clause of this contract, if the contract cost is materially affected by
an OMB Circular A-21 accounting principle amendment which, on becoming
effective after the date of contract award, requires the Contractor to
make a change to the Contractor's established cost accounting
practices.
(5) Agree to an adjustment of the contract price or cost allowance, as
appropriate, if the Contractor or a subcontractor fails to comply with an
applicable Cost Accounting Standard, or to follow any cost accounting
practice consistently and such failure results in any increased costs
paid by the United States. Such adjustment shall provide for recovery of
the increased costs to the United States, together with interest thereon
computed at the annual rate established under section 6621 of the
Internal Revenue Code of 1986 (26 U.S.C. 6621) for such period, from the
time the payment by the United States was made to the time the adjustment
is effected. In no case shall the Government recover costs greater than
(End of Section)
ED-98-R-0009 Page B-2
the increased cost to the Government, in the aggregate, on the relevant
contracts subject to the price adjustment, unless the Contractor made a
change in its cost accounting practices of which it was aware or should
have been aware at the time of price negotiations and which it failed to
disclose to the Government.
(b) If the parties fail to agree whether the Contractor or a
subcontractor has complied with an applicable CAS or a CAS rule or
regulation in 48 CFR 9903, and as to any cost adjustment demanded by the
United States, such failure to agree will constitute a dispute under the
Contract Disputes Act (41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives of the
Government to examine and make copies of any documents, papers, or records
relating to compliance with the requirements of this clause.
(d) The Contractor shall include in all negotiated subcontracts which
the Contractor enters into, the substance of this clause, except
paragraph (b), and shall require such inclusion in all other subcontracts,
of any tier, including the obligation to comply with all applicable CAS in
effect on the subcontractor's award date or, if the subcontractor has
submitted cost or pricing data, on the date of final agreement on price as
shown on the subcontractor's signed Certificate of Current Cost or Pricing
Data, except that--
(1) If the subcontract is awarded to a business unit which pursuant to
48 CFR 9903.201-2 is subject to other types of CAS coverage, the
substance of the applicable clause set forth in 48 CFR 9903.201-4 shall
be inserted; and
(2) This requirement shall apply only to negotiated subcontracts in
excess of $500,000 where the price negotiated is not based on--
(i) Established catalog or market prices of commercial items sold in
substantial quantities to the general public; or
(ii) Prices set by law or regulation, and except that the requirement
shall not apply to negotiated subcontracts otherwise exempt from the
requirement to include a CAS clause as specified in 48 CFR 9903.201-1.
(End of clause)
1 52.230-6
ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 1996)
For the purpose of administering the Cost Accounting Standards (CAS)
requirements under this contract, the Contractor shall take the steps
outlined in paragraphs (a) through (g) of this clause:
(a) Submit to the Contracting Officer a description of any cost
accounting practice change, the total potential impact of the change on
contracts containing a CAS clause, and a general dollar magnitude of the
change which identifies the potential shift of costs between CAS-covered
contracts by contract type (i.e., firm-fixed-price, incentive,
cost-plus-fixed fee, etc.) and other contractor business activity. As
related to CAS-covered contracts, the analysis should identify the
potential impact on funds of the various Agencies/Departments (i.e.,
Department of Energy, National Aeronautics and Space Administration, Army,
Navy, Air Force, other Department of Defense, other Government) as follows:
(1) For any change in cost accounting practices required in accordance
with subparagraph (a)(3) and subdivision (a)(4)(i) of the clause at FAR
52.230-2, Cost Accounting Standards; or subparagraph (a)(3) and
subdivisions (a)(4)(i) or (a)(4)(iv) of the clause at FAR 52.230-5, Cost
Accounting Standards--Educational Institution; within 60 days (or such
other date as may be mutually agreed to) after award of a contract
(End of Section)
ED-98-R-0009 Page B-2
requiring this change.
(2) For any change in cost accounting practices proposed in accordance
with subdivision (a)(4)(ii) or (iii) of the clauses at FAR 52.230-2,
Cost Accounting Standards, and FAR 52.230-5, Cost Accounting
Standards--Educational Institution; or with subparagraph (a)(3) of the
clause at FAR 52.230-3, Disclosure and Consistency of Cost Accounting
Practices, not less than 60 days (or such other date as may be mutually
agreed to) before the effective date of the proposed change.
(3) For any failure to comply with an applicable CAS or to follow a
disclosed practice (as contemplated by subparagraph (a)(5) at FAR
52.230-2, Cost Accounting Standards, and FAR 52.230-5, Cost Accounting
Standards--Educational Institution; or by subparagraph (a)(4) at FAR
52.230-3, Disclosure and Consistency of Cost Accounting Practices):
(i) Within 60 days (or such other date as may be mutually agreed to)
after the date of agreement with the initial finding of noncompliance,
or
(ii) In the event of Contractor disagreement with the initial
finding of noncompliance, within 60 days of the date the Contractor is
notified by the Contracting Officer of the determination of
noncompliance.
(b) After an ACO, or cognizant Federal agency official, determination of
materiality, submit a cost impact proposal in the form and manner specified
by the Contracting Officer within 60 days (or such other date as may be
mutually agreed to) after the date of determination of the adequacy and
compliance of a change submitted pursuant to paragraph (a) of this clause.
The cost impact proposal shall be in sufficient detail to permit
evaluation, determination, and negotiation of the cost impact upon each
separate CAS-covered contract and subcontract.
(1) Cost impact proposals submitted for changes in cost accounting
practices required in accordance with subparagraph (a)(3) and subdivision
(a)(4)(i) of the clause at FAR 52.230-2, Cost Accounting Standards; or
subparagraph (a)(3) and subdivisions (a)(4)(i) or (a)(4)(iv) of the
clause at FAR 52.230-5, Cost Accounting Standards--Educational
Institution; shall identify the applicable standard or cost principle and
all contracts and subcontracts containing the clauses entitled Cost
Accounting Standards or Cost Accounting Standards--Educational
Institution, which have an award date before the effective date of that
standard or cost principle.
(2) Cost impact proposals submitted for any change in cost accounting
practices proposed in accordance with subdivisions (a)(4)(ii) or (iii)
of the clauses at FAR 52.230-2, Cost Accounting Standards, and FAR
52.230-5, Cost Accounting Standards--Educational Institution; or with
subparagraph (a)(3) of the clause at FAR 52.230-3, Disclosure and
Consistency of Cost Accounting Practices; shall identify all contracts
and subcontracts containing the clauses at FAR 52.230-2, Cost Accounting
Standards, FAR 52.230-5, Cost Accounting Standards--Educational
Institution, and FAR 52.230-3, Disclosure and Consistency of Cost
Accounting Practices.
(3) Cost impact proposals submitted for failure to comply with an
applicable CAS or to follow a disclosed practice as contemplated by
subparagraph (a)(5) of the clauses at FAR 52.230-2, Cost Accounting
Standards, and FAR 52.230-5, Cost Accounting Standards--Educational
Institution; or by subparagraph (a)(4) of the clause at FAR 52.230-3,
Disclosure and Consistency of Cost Accounting Practices, shall identify
(End of Section)
ED-98-R-0009 Page B-2
the cost impact on each separate CAS covered contract from the date of
failure to comply until the noncompliance is corrected.
(c) If the submissions required by paragraphs (a) and (b) of this clause
are not submitted within the specified time, or any extension granted by
the Contracting Officer, an amount not to exceed 10 percent of each
subsequent amount determined payable related to the Contractor's
CAS-covered prime contracts, up to the estimated general dollar magnitude
of the cost impact, may be withheld until such time as the required
submission has been provided in the form and manner specified by the
Contracting Officer.
(d) Agree to appropriate contract and subcontract amendments to reflect
adjustments established in accordance with subparagraphs (a)(4) and (a)(5)
of the clauses at FAR 52.230-2, and 52.230-5; or with subparagraphs (a)(3)
or (a)(4) of the Disclosure and Consistency of Cost Accounting Practices
clause at FAR 52.230-3.
(e) For all subcontracts subject to the clauses at FAR 52.230-2,
52.230-3, or 52.230-5--
(1) So state in the body of the subcontract, in the letter of award,
or in both (self-deleting clauses shall not be used); and
(2) Include the substance of this clause in all negotiated
subcontracts. In addition, within 30 days after award of the
subcontract, submit the following information to the Contractor's
cognizant contract administration office for transmittal to the contract
administrative office cognizant of the subcontractor's facility:
(i) Subcontractor's name and subcontract number.
(ii) Dollar amount and date of award.
(iii) Name of Contractor making the award.
(iv) Any changes the subcontractor has made or proposes to make to
cost accounting practices that affect prime contracts or subcontracts
containing the clauses at FAR 52.230-2, 52.230-3, or 52.230-5, unless
these changes have already been reported. If award of the subcontract
results in making one or more CAS effective for the first time, this
fact shall also be reported.
(f) Notify the Contracting Officer in writing of any adjustments required
to subcontracts under this contract and agree to an adjustment, based on
them, to this contract price or estimated cost and fee. This notice
is due within 30 days after proposed subcontract adjustments are received
and shall include a proposal for adjusting the higher tier subcontract or
the prime contract appropriately.
(g) For subcontracts containing the clauses at FAR 52.230-2 or 52.230-5,
require the subcontractor to comply with all Standards in effect on the
date of award or of final agreement on price, as shown on the
subcontractor's signed Certificate of Current Cost or Pricing Data,
whichever is earlier.
(End of clause)
1 52.232-33
MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (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.
(End of Section)
ED-98-R-0009 Page B-2
(b) Mandatory submission of Contractor's EFT information. (1) 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 1, 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 1,
1999, the Contractor shall provide EFT information as described in
paragraph (d) of this clause.
(2) If the Contractor provides EFT information applicable to multiple
contracts, the Contractor shall specifically state the applicability of
this EFT information in terms acceptable to the payment office.
(c) Contractor's EFT information. Prior to submission of the first
request for payment (whether for invoice or contract financing payment)
under this contract, the Contractor shall provide the information required
to make contract payment by EFT, as described in paragraph (d) of this
clause, directly to the Government payment office named in this contract.
If more than one payment office is named for the contract, the Contractor
shall provide a separate notice to each office. In the event that the EFT
information changes, the Contractor shall be responsible for providing the
changed information to the designated payment office(s).
(d) Required EFT information. The Government may make payment by EFT
through either an Automated Clearing House (ACH) subject to the banking
laws of the United States or the Federal Reserve Wire Transfer System at
the Government's option. The Contractor shall provide the following
information for both methods in a form acceptable to the designated
payment office. The Contractor may supply this data for this or multiple
contracts (see paragraph (b) of this clause).
(1) The contract number to which this notice applies.
(2) The Contractor's name and remittance address, as stated in the
contract, and account 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. (1) 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
(End of Section)
ED-98-R-0009 Page B-2
certificate submitted in accordance with paragraph (b) of this clause.
Until receipt of the correct EFT information, any invoice or contract
financing request shall be deemed not to be a valid invoice or contract
financing request as defined in the Prompt Payment clause of this contract.
(2) If the EFT information changes after submission of correct EFT
information, the Government shall begin using the changed EFT information
no later than the 30th day after its receipt to the extent payment is
made by EFT. However, the Contractor may request that no further
payments be made until the changed EFT information is implemented by the
payment office. If such suspension would result in a late payment under
the Prompt Payment clause of this contract, the Contractor's request for
suspension shall extend the due date for payment by the number of days of
the suspension.
(f) Contractor EFT arrangements. The Contractor shall designate a
single financial agent capable of receiving and processing the electronic
funds transfer using the EFT methods described in paragraph (d) of this
clause. The Contractor shall pay all fees and charges for receipt and
processing of transfers.
(g) Liability for uncompleted or erroneous transfers. (1) 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
Contractor-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. (1) 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
(End of Section)
ED-98-R-0009 Page B-2
assignment of claims acceptable to the Government, is incorrect EFT
information within the meaning of paragraph (e) of this clause.
(j) Payment office discretion. If the Contractor does not wish to
receive payment by EFT methods for one or more payments, the Contractor
may submit a request to the designated payment office to refrain from
requiring EFT information or using the EFT payment method. The decision
to grant the request is solely that of the Government.
(k) Change of EFT information by financial agent. The Contractor agrees
that the Contractor's financial agent may notify the Government of a
change to the routing transit number, Contractor account number, or
account type. The Government shall use the changed data in accordance
with paragraph (e)(2) of this clause. The Contractor agrees that the
information provided by the agent is deemed to be correct information as
if it were provided by the Contractor. The Contractor agrees that the
agent's notice of changed EFT data is deemed to be a request by the
Contractor in accordance with paragraph (e)(2) that no further payments be
made until the changed EFT information is implemented by the payment
office.
(End of clause)
1 52.237-3
CONTINUITY OF SERVICES (JAN 1991)
(a) The Contractor recognizes that the services under this contract are
vital to the Government and must be continued without interruption and
that, upon contract expiration, a successor, either the Government or
another contractor, may continue them. The Contractor agrees to (1)
furnish phase-in training and (2) exercise its best efforts and
cooperation to effect an orderly and efficient transition to a successor.
(b) The Contractor shall, upon the Contracting Officer's written notice,
(1) furnish phase-in, phase-out services for up to 90 days after this
contract expires and (2) negotiate in good faith a plan with a successor
to determine the nature and extent of phase-in, phase-out services
required. The plan shall specify a training program and a date for
transferring responsibilities for each division of work described in the
plan, and shall be subject to the Contracting Officer's approval. The
Contractor shall provide sufficient experienced personnel during the
phase-in, phase-out period to ensure that the services called for by this
contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain
on the job to help the successor maintain the continuity and consistency of
the services required by this contract. The Contractor also shall disclose
necessary personnel records and allow the successor to conduct on-site
interviews with these employees. If selected employees are agreeable to
the change, the Contractor shall release them at a mutually agreeable date
and negotiate transfer of their earned fringe benefits to the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in,
phase-out costs (i.e., costs incurred within the agreed period after
contract expiration that result from phase-in, phase-out operations) and
a fee (profit) not to exceed a pro rata portion of the fee (profit) under
this contract.
(End of clause)
2 3452.202-1
DEFINITIONS (AUG 1987)
(Reference)
(End of Section)
ED-98-R-0009 Page B-2
1 3452.208-70
PRINTING (AUG 1987)
(Reference)
2 3452.215-70
RELEASE OF RESTRICTED DATA (AUG 1987)
(Reference)
3 3452.227-70
PUBLICATION AND PUBLICITY (AUG 1987)
(Reference)
4 3452.227-71
PAPERWORK REDUCTION ACT (AUG 1987)
(Reference)
5 3452.227-72
ADVERTISING OF AWARDS (AUG 1987)
(Reference)
6 3452.232-72
METHOD OF PAYMENT (AUG 1987)
(Reference)
7 3452.242-71
NOTICE TO THE GOVERNMENT OF DELAYS (AUG 1987)
(Reference)
8 3452.242-72
WITHHOLDING OF CONTRACT PAYMENTS (AUG 1987)
(Reference)
9 3452.242-73
ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH
(Reference)
10 52.203-3
GRATUITIES (APR 1984)
(Reference 3.202)
11 52.203-5
COVENANT AGAINST CONTINGENT FEES (APR 1984)
(Reference 3.404)
12 52.203-8
CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY (JAN 1997)
(Reference 3.104-9)
13 52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
(Reference 3.104-9)
14 52.203-12
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN
1997)
(Reference)
15 52.204-4
PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER (JUN 1996)
(Reference 4.304)
16 52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995)
(Reference 9.409)
17 52.215-2
AUDIT AND RECORDS--NEGOTIATION (AUG 1996)
(Reference)
(End of Section)
ED-98-R-0009 Page B-2
1 52.215-11
PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS (OCT
1997)
(Reference)
2 52.215-13
SUBCONTRACTOR COST OR PRICING DATA--MODIFICATIONS (OCT 1997)
(Reference)
3 52.215-15
TERMINATION OF DEFINED BENEFIT PENSION PLANS (OCT 1997)
(Reference)
4 52.215-18
REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER
OTHER THAN PENSIONS (OCT 1997)
(Reference)
5 52.215-19
NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(Reference)
6 52.219-9
SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING
PLAN (AUG 1996)
(Reference 19.708)
7 52.223-2
CLEAN AIR AND WATER (APR 1984)
(Reference 33.106)
8 52.227-14
RIGHTS IN DATA--GENERAL (JUN 1987)
(Reference 27.409)
9 52.227-14 I
RIGHTS IN DATA--GENERAL (JUN 1987)--ALTERNATE I (JUN 1987)
(Reference 27.409)
10 52.227-14 IV
RIGHTS IN DATA--GENERAL (JUN 1987)--ALTERNATE IV (JUN 1987)
(Reference 27.409)
11 52.227-14 V
RIGHTS IN DATA--GENERAL (JUN 1987)--ALTERNATE V (JUN 1987)
(Reference 27.409)
12 52.227-16
ADDITIONAL DATA REQUIREMENTS (JUN 1987)
(Reference)
13 52.227-18
RIGHTS IN DATA--EXISTING WORKS (JUN 1987)
(Reference 27.409)
14 52.232-16
PROGRESS PAYMENTS (JUL 1991)
(Reference 32.502-4)
15 52.232-16 I
PROGRESS PAYMENTS (JUL 1991)--ALTERNATE I (AUG 1987)
(Reference 32.502-4)
16 52.232-23
ASSIGNMENT OF CLAIMS (JAN 1986)
(Reference 32.806)
17 52.232-25
PROMPT PAYMENT (JUN 1997)
(Reference)
(End of Section)
ED-98-R-0009 Page B-2
1 52.242-15
STOP-WORK ORDER (AUG 1989)
(Reference 42.1305)
2 52.247-63
PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JAN 1997)
(Reference 47.405)
3 52.248-1
VALUE ENGINEERING (MAR 1989)
(Reference 48.201)
4 52.248-1 III
VALUE ENGINEERING (MAR 1989)--ALTERNATE III (APR 1984)
(Reference 48.201)
5 52.252-2a
CLAUSES INCORPORATED BY REFERENCE
The addresses referred to in clause 52.252-2 for electronic access
to the full text of clauses are: www.arnet.gov/far for FAR clauses
and ocfo.ed.gov/coninfo/edar.htm for EDAR clauses.
6 52.215-21
REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR
PRICING DATA--MODIFICATIONS (OCT 1997)
(a) Exceptions from cost or pricing data. (1) In lieu of submitting
cost or pricing data for modifications under this contract, for price
adjustments expected to exceed the threshold set forth at FAR 15.403-4 on
the date of the agreement on price or the date of the award, whichever is
later, the Contractor may submit a written request for exception by
submitting the information described in the following subparagraphs. The
Contracting Officer may require additional supporting information, but
only to the extent necessary to determine whether an exception should be
granted, and whether the price is fair and reasonable--
(i) Identification of the law or regulation establishing the price
offered. If the price is controlled under law by periodic rulings,
reviews, or similar actions of a governmental body, attach a copy of
the controlling document, unless it was previously submitted to the
contracting office.
(ii) Information on modifications of contracts or subcontracts for
commercial items. (A) If--
(1) The original contract or subcontract was granted an exception from
cost or pricing data requirements because the price agreed upon was
based on adequate price competition or prices set by law or regulation,
or was a contract or subcontract for the acquisition of a commercial
item; and
(2) The modification (to the contract or subcontract) is not exempted
based on one of these exceptions, then the Contractor may provide
information to establish that the modification would not change the
contract or subcontract from a contract or subcontract for the
acquisition for the acquisition of an item other than a commercial item.
(B) For a commercial item exception, the Contractor shall provide,
at a minimum, information on prices at which the same item or similar
items have previously been sold that is adequate for evaluating the
reasonableness of the price for the modification. Such information
may include--
(1) For catalog items, a copy of or identification of the catalog and
its date, or the appropriate pages for the offered items, or a statement
that the catalog is on file in the buying office to which the proposal is
(End of Section)
ED-98-R-0009 Page B-2
being submitted. Provide a copy or describe current discount policies
and price lists (published or unpublished), e.g., wholesale, original
equipment manufacturer, or reseller. Also explain the basis of each
offered price and its relationship to the established catalog price,
including how the proposed price relates to the price of recent sales in
quantities similar to the proposed quantities.
(2) For market-priced items, the source and date or period of the
market quotation or other basis for market price, the base amount, and
applicable discounts. In addition, describe the nature of the market.
(3) For items included on an active Federal Supply Service Multiple
Award Schedule contract, proof that an exception has been granted for
the schedule item.
(2) The Contractor grants the Contracting Officer or an authorized
representative the right to examine, at any time before award, books,
records, documents, or other directly pertinent records to verify any
request for an exception under this clause, and the reasonableness of
price. For items priced using catalog or market prices, or law or
regulation, access does not extend to cost or profit information or other
data relevant solely to the Contractor's determination of the prices to
be offered in the catalog or marketplace.
(b) Requirements for cost or pricing data. If the Contractor is not
granted an exception from the requirement to submit cost or pricing data,
the following applies:
(1) The Contractor shall submit cost or pricing data and supporting
attachments in accordance with Table 15-2 of FAR 15.408.
(2) As soon as practicable after agreement on price, but before award
(except for unpriced actions), the Contractor shall submit a Certificate
of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
(End of clause)
1 52.252-2
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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. Also, the
full text of a clause may be accessed electronically at this/these
address(es): __________
(End of clause)
2 FP Services
SECTION I: CLAUSES FOR A NEGOTIATED FIXED-
PRICE SERVICES CONTRACT FEDERAL ACQUISITION
REGULATION(48 CFR CHAPTER 1) CLAUSES
(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)
(The following clause shall apply as prescribed under FAR 7.305(c))
52.207-3 Right of First Refusal of Employment (NOV 1991)
(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).)
52.215-14 Integrity of Unit Prices (OCT 1997)
(The following clause shall apply if the contractor did not
propose facilities capital cost of money in its offer.)
(End of Section)
ED-98-R-0009 Page B-2
52.215-17 Waiver of Facilities Capital Cost of Money(OCT 1997)
(The following clause shall apply if the contractor proposed
facilities capital cost of money in its offer)
52.215-16 Facilities Capital Cost of Money (OCT 1997)
52.219-8 Utilization of Small, Small Disadvantaged &
Women-Owned Small Business Concerns(OCT 1995)
(The following clauses shall apply as prescribed under
FAR subpart 9.708(b), including exemption of
application to 8(a) and other small businesses.)
52.219-9 Small, Small Disadvantaged & Women
-Owned Small Business Subcontracting
Plan (AUG 1996)
52.219-14 Limitation on Subcontracting (DEC 1996)
(The following clause 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)
(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 FARsubpart 22.305.)
52.222-4 Contract Work Hours and Safety Standards
Act-- Overtime Compensation (JUL 1995)
(The following clause shall apply when prescribed
under FAR subpart 22.6.)
52.222-20 Walsh-Healy Public Contracts Act(DEC 1996)
52.222-26 Equal Opportunity (APR 1984)
(The following clause 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.)
52.222-42 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)
(End of Section)
ED-98-R-0009 Page B-2
which are multi-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 clause 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)
(The following clause shall apply to (a) any contract
awarded to an individual -- ie., a contractor having no
more than one employee including the contractor -- or
(b) any contract of $25,000 or more, unless excepted
under the provisions of FAR 23.505(b)(1)(3).)
52.223-6 Drug Free Workplace (JAN 1997)
52.223-14 Toxic Chemical Release Reporting (OCT 1996)
52.225-3 Buy American Act - Supplies (JAN 1989)
52.225-11 Restrictions on Certain Foreign Purchases(OCT 1996)
(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)
52.229-3 Federal, State, and Local Taxes (JAN 1991)
(The following clause shall apply if this is a Fixed Price
Services contract.)
52.232-1 Payments (APR 1984)
(The following clause shall apply in lieu of 52.232-1 if this is a
Fixed Price Research and Development Contract),
52.232-2 Payments under Fixed-Price Research and Development
Contracts (APR 1984)
52.232-9 Limitation on Withholding of Payments(APRIL 1984)
52.232-16 Progress Payments (JULY 1991)(Applicable to:
Fixed Price Contracts.)
52.232-17 Interest (JUN 1996)
52.233-1 Disputes (AUG 1996)
52.233-3 Protest After Award (OCT 1995)
52.243-1 Changes - Fixed Price (AUGUST 1987)
52.242-13 Bankruptcy (JUL 1995)(Applicable for
all solicitations and contracts)
52.244-1 Subcontracts Under Fixed-Price Contracts
(Over $500,000) (APRIL 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
(End of Section)
ED-98-R-0009 Page B-2
(If this contract is for the conduct of basic or applied research
at nonprofit institutions of higher education 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)
(APRIL 1984) Alternate II (APRIL 1984)
52.246-4 Inspection of Services-Fixed Price (AUG 1996)
52.246-16 Responsibilities of Supplies (APRIL 1984)
(The following clause shall apply if designated.)
52.247-29 F.O.B. Origin (JUN 1988)
52.246-25 Limitation of Liability-Services (FEB 1997)
(The following clause shall apply if designated.)
52.247-34 F.O.B. Destination (NOV 1991)
(If the contract is awarded to other than 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) (SEPT 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 the Convenience of the Government
(Educational and Other Nonprofit Institutions)
(SEP 1996)
(This clause is not applicable if the contract is awarded on a
no-fee basis to an educational or nonprofit institution.)
52.249-8 Default (Fixed-Price Supply and Service Development)
(April 1984)
52.249-9 Default (Fixed Price Research and Development)(APRIL 1984)
(If the contract is awarded on a fee basis, the following
clause is applicable.)
52.249-14 Excusable Delays (APRIL 1984)
52.253-1 Computer Generated Forms (JAN 1991)
DEPARTMENT OF EDUCATION ACQUISITION REGULATION (EDAR) CLAUSES
(48 CFR CHAPTER 34)
(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)
(end of clause)
1 309-1a
LIST OF ATTACHMENTS (ED 309-1A) (APRIL 1984)
Attachment A Statement of Work
Attachment B Past Performance Form
Attachment C Pricing Sheet
Attachment D Budget for Price Proposal
Attachment E Task Loading Chart
Attachment F Small Business Subcontracting Plan
(End of Section)
ED-98-R-0009 Page B-2
1 310-1
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.
2 310-10
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: ___________________________________________________
(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 $_________
(End of Section)
ED-98-R-0009 Page B-2
(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
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 Indirect Basis
Year Cost Rate Allocation
Fringe Benefits _________ __________
Overhead _________ __________
G&A Expense _________ __________
Other _________ __________
(N) Have the proposed indirect cost rate(s) been evaluated and
accepted by any Government agency? Yes _______ No_______
If yes, name and location of the Government agency:
______________________________________________________________
Date of last pre-award audit review by a Government agency:
________
(If the answer is no, data supporting the proposed rates
must accompany the cost or price proposal. A breakdown of
the items comprising overhead and G&A must be furnished.)
(O) Cost estimating is performed by:
(End of Section)
ED-98-R-0009 Page B-2
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 __________
1 310-16
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.
2 310-5
CERTIFICATE OF CURRENT COST OR PRICING DATA
(ED 310-5) (MARCH 1985)
(When a certificate of cost or pricing data is required to be
submitted in accordance with Federal Acquistion Regulation (FAR)
15.403-4, the Contracting Officer will request that the Offeror
complete, execute, and submit to the Contracting Officer a
certification in the format shown in the following Certificate of
Current Cost or Pricing Data. The certification shall be submitted
only at the time negotiations are completed. Offerors should
complete the certificate set forth below and return it when requested
by the Contracting Officer.)
This is to certify that, to the best of my knowledge and belief, the
cost or pricing data (as defined in Section 15.403 of the Federal
Acquisition Regulation (FAR) and required under FAR subsection
15.403-4) submitted, either actually or by specific identification in
writing, to the Contracting Officer or to the Contracting Officer's
Representative in support of _________________(1) are accurate,
complete, and current as of _________________(2). This certification
includes the cost or pricing data supporting any advance agreements
and forward pricing rate agreements between the offeror and the
Government that are part of the proposal.
Firm _______________________________________________________________
Name _______________________________________________________________
Title ______________________________________________________________
Date of execution (3)_______________________________________________
(1).Identify the proposal, quotation, request for price adjustment, or
(End of Section)
ED-98-R-0009 Page B-2
other submission involved, giving the appropriate identifying number
(e.g., RFP No.).
(2).Insert the day, month, and year when price negotiations were
concluded and price agreement was reached.
(3).Insert the day, month, and year of signing, which should be as
close as practicable to the date when the price negotiations were
concluded and the contract price was agreed to.
1 310-6
DUPLICATION OF COST
(ED 310-6) (MARCH 1985)
The offeror represents and certifies that any charges contemplated
and included in its estimate of cost for performance are not
duplicative of any charges against any other Government contract,
subcontract, or other Government source.
2 3452.209-70
ORGANIZATIONAL CONFLICT OF INTEREST(OCT 1987)
The offeror certifies that it (_) is (_) is not aware of any
potential organization conflict of interest that it may have
under this procurement. If the offeror is aware of any potential
conflict of interest, the offeror shall submit a disclosure statement
fully describing the situation. An organizational conflict of
Interest is as defined and illustrated in FAR 9.5.
(END OF CLAUSE)
3 52.203-2
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(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, or (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 sealed bid solicitation)
or contract 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) of this provision; 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) of this provision___________________
________________________________________________________________________
[insert full name of person(s) in the offeror's organization responsible
for determining the prices offered in this bid or proposal, and the
title of his or her position in the offeror's organization];
(ii) As an authorized agent, does certify that the principals named
(End of Section)
ED-98-R-0009 Page B-2
in subdivision (b)(2)(i) of this provisione have not participated, and
will not participate, in any action contrary to subparagraphs (a)(1)
through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this
provision, the offeror must furnish with its offer a signed statement
setting forth in detail the circumstances of the disclosure.
(End of provision)
1 52.203-11
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (APR 1991)
(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 that on or after December 23, 1989--
(1) No Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress on his or her behalf in connection
with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan, or
cooperative agreement;
(2) If any funds other than Federal appropriated funds (including
profit or fee received under a covered Federal transaction) have been
paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with this solicitation, the offeror
shall complete and submit, with its offer, OMB standard form LLL,
Disclosure of Lobbying Activities, to the Contracting Officer; and
(3) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of
subcontract awards in excess of $100,000 shall certify and disclose
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.
(End of provision)
(End of Section)
ED-98-R-0009 Page B-2
1 52.204-3
TAXPAYER IDENTIFICATION (JUN 1997)
(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) All offerors are 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 the reporting requirements described
in FAR 4.903, the failure or refusal by the offeror to furnish the
information may result in a 31 percent reduction of payments otherwise due
under the contract.
(c) Taxpayer Identification Number (TIN).
/_/ TIN:____________________________.
/_/ TIN has been applied for.
/_/ TIN is not required because:
/_/ Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the U.S. and does not have an office or
place of business or a fiscal paying agent in the U.S.;
/_/ Offeror is an agency or instrumentality of a foreign government;
/_/ Offeror is an agency or instrumentality of a Federal, state, or
local government;
/_/ Other. State basis.___________________________________________
(d) Corporate Status.
/_/ Corporation providing medical and health care services, or engaged
in the billing and collecting of payments for such services;
/_/ 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 provision.
/_/ Name and TIN of common parent:
Name_________________________________________________
TIN__________________________________________________
(End of provision)
(End of Section)
ED-98-R-0009 Page B-2
1 52.204-5
WOMEN-OWNED BUSINESS (OCT 1995)
(a) Representation. The offeror represents that it /_/ is, /_/ is
not a women-owned business concern.
(b) Definition. "Women-owned business concern," as used in this
provision, means a concern which is at least 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 whose
management and daily business operations are controlled by one or more
women.
(End of provision)
2 52.204-6
CONTRACTOR IDENTIFICATION NUMBER--DATA UNIVERSAL NUMBERING SYSTEM (DUNS)
NUMBER (DEC 1996)
(a) "Contractor Identification Number," as used in this provision, means
"Data Universal Numbering System (DUNS) number," which is a nine-digit
number assigned by Dun and Bradstreet Information Services.
(b) Contractor identification is essential for complying with statutory
contract reporting requirements. Therefore, the offeror is requested to
enter, in the block with its name and address on the Standard Form 33 or
similar document, the annotation "DUNS" followed by the DUNS number which
identifies the offeror's name and address exactly as stated in the offer.
(c) If the offeror does not have a DUNS number, it should contact Dun and
Bradstreet directly to obtain one. A DUNS number will be provided
immediately by telephone at no charge to the offeror. For information on
obtaining a DUNS number, the offeror should call Dun and Bradstreet at
1-800-333-0505. The offeror should be prepared to provide the following
information:
(1) Company name.
(2) Company address.
(3) Company telephone number.
(4) Line of business.
(5) Chief executive officer/key manager.
(6) Date the company was started.
(7) Number of people employed by the company.
(8) Company affiliation.
(d) Offerors located outside the United States may obtain the location
and phone number of the local Dun and Bradstreet Information Services
office from the Internet Home Page at
http://www.dbisna.com/dbis/customer/custlist.htm. If an offeror is unable
to locate a local service center, it may send an e-mail to Dun and
Bradstreet at globalinfo@dbisma.com.
(End of provision)
3 52.209-5
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND
OTHER RESPONSIBILITY MATTERS (MAR 1996)
(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 three-year period preceding
this offer, been convicted of or had a civil judgment rendered
(End of Section)
ED-98-R-0009 Page B-2
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,
tax evasion, 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 three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.
(2) "Principals," for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY
OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT
CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION
1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide immediate written notice to the Contracting
Officer if, at any time prior to contract award, the Offeror learns that
its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered in
connection with a determination of the Offeror's responsibility. Failure
of the Offeror to furnish a certification or provide such additional
information as requested by the Contracting Officer may render the Offeror
nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of
business dealings.
(e) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed 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.
(End of provision)
(End of Section)
ED-98-R-0009 Page B-2
1 52.215-4
TYPE OF BUSINESS ORGANIZATION (OCT 1997)
The offeror or respondent, by checking the applicable box, represents
that--
(a) It operates as /_/ an individual, /_/ a partnership, /_/ a nonprofit
organization, /_/ a joint venture, or /_/ a corporation incorporated under
the laws of the State of _______.
(b) If the offeror or respondent is a foreign entity, it operates as /_/
an individual, /_/ a partnership, /_/ a nonprofit organization, /_/ a joint
venture, or /_/ a corporation, registered for business in (country) _____.
(End of provision)
2 52.215-6
PLACE OF PERFORMANCE BUSINESS (OCT 1997)
(a) The offeror or respondent, in the performance of any contract
resulting from this solicitation, /__________ intends, / __________ ,
does not intend to use one or more plants or facilities located at a
different address from the address of the offeror or respondent as
indicated in this proposal or response to request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a) of
this provision, it shall insert in the following spaces the required
information:
__________________________________________________________________________
PLACE OF PERFORMANCE (STREET NAME AND ADDRESS OF OWNER AND
ADDRESS, CITY, STATE, COUNTY, ZIP OPERATOR OF THE PLANT OR FACILITY
CODE) IF OTHER THAN OFFEROR OR RESPONDENT
___________________________________________________________________________
_________________________________ _______________________________
_________________________________ _______________________________
___________________________________________________________________________
(End of provision)
3 52.219-1
SMALL BUSINESS PROGRAM REPRESENTATIONS (JAN 1997)
(a)(1) The standard industrial classification (SIC) code for this
acquisition is __________
(2) The small business size standard is __________
(3) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.
(b) Representations. (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 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 women-owned small business
concern.
(c) Definitions. "Joint venture," for purposes of a small disadvantaged
business (SDB) set-aside or price evaluation preference (as prescribed at
13 CFR 124.321), 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
(End of Section)
ED-98-R-0009 Page B-2
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 51 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 the size standard in paragraph (a) of this provision.
"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.
"Woman-owned small business concern," as used in this provision, means a
small business concern--
(1) 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
(2) 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) Under 15 U.S.C. 645(d), any person who misrepresents a firm's
status as a small or small disadvantaged business concern in order to
obtain a contract to be awarded under the preference programs established
pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or
any other provision of Federal law that specifically references section
8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of 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.
(End of provision)
(End of Section)
ED-98-R-0009 Page B-2
1 52.222-21
CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
(a) "Segregated facilities," as used in this provision, means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants and
other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided
for employees, that are segregated by explicit directive or are in
fact segregated on the basis of race, color, religion, or national
origin because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that it
does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does
not and will not permit its employees to perform their services at
any location under its control where segregated facilities are
maintained. The offeror agrees that a breach of this certification
is a violation of the Equal Opportunity clause in the contract.
(c) The offeror further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific
time periods) it will--
(1) Obtain identical certifications from proposed subcontractors
before the award of subcontracts under which the subcontractor will
be subject to the Equal Opportunity clause;
(2) Retain the certifications in the files; and
(3) Forward the following notice to the proposed subcontractors
(except if the proposed subcontractors have submitted identical
certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS
OF NONSEGREGATED FACILITIES.
A Certification of Nonsegregated Facilities must be submitted
before the award of a subcontract under which the subcontractor will
be subject to the Equal Opportunity clause. The certification may
be submitted either for each subcontract or for all subcontracts
during a period (i.e., quarterly, semiannually, or annually).
NOTE: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.
(End of provision)
2 52.222-22
PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 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.
(End of provision)
(End of Section)
ED-98-R-0009 Page B-2
1 52.222-25
AFFIRMATIVE ACTION COMPLIANCE (APR 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.
(End of provision)
2 52.223-1
CLEAN AIR AND WATER CERTIFICATION (APR 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 (EPA) 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 EPA, 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.
(End of provision)
3 52.223-6
DRUG-FREE WORKPLACE (JAN 1997)
(a) Definitions. As used in this clause--
"Controlled substance" means a controlled substance in schedules I
through V of section 202 of the Controlled Substances Act (21 U.S.C. 812)
and as further defined in regulation at 21 CFR 1308.11 - 1308.15.
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or
State criminal drug statutes.
"Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, possession, or use of
any controlled substance.
"Drug-free workplace" means the site(s) for the performance of work done
by the Contractor in connection with a specific contract at which employees
of the Contractor are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance.
"Employee" means an employee of a Contractor directly engaged in the
performance of work under a Government contract. "Directly engaged" is
defined to include all direct cost employees and any other Contractor
employee who has other than a minimal impact or involvement in contract
performance.
"Individual" means an offeror/contractor that has no more than one
employee including the offeror/contractor.
(b) The Contractor, if other than an individual, shall--within 30 days
after award (unless a longer period is agreed to in writing for contracts
of 30 days or more performance duration), or as soon as possible for
contracts of less than 30 days performance duration--
(1) Publish a statement notifying its employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
(End of Section)
ED-98-R-0009 Page B-2
controlled substance is prohibited in the Contractor's workplace and
specifying the actions that will be taken against employees for
violations of such prohibition;
(2) Establish an ongoing drug-free awareness program to inform such
employees about--
(i) The dangers of drug abuse in the workplace;
(ii) The Contractor's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(3) Provide all employees engaged in performance of the contract with
a copy of the statement required by subparagraph (b)(1) of this clause;
(4) Notify such employees in writing in the statement required by
subparagraph (b)(1) of this clause that, as a condition of continued
employment on this contract, the employee will--
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction
under a criminal drug statute for a violation occurring in the
workplace no later than 5 days after such conviction.
(5) Notify the Contracting Officer in writing within 10 days after
receiving notice under subdivision (b)(4)(ii) of this clause, from an
employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;
(6) Within 30 days after receiving notice under subdivision (b)(4)(ii)
of this clause of a conviction, take one of the following actions with
respect to any employee who is convicted of a drug abuse violation
occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to
and including termination; or
(ii) Require such employee to satisfactorily participate in a drug
abuse assistance or rehabilitation program approved for such purposes
by a Federal, State, or local health, law enforcement, or other
appropriate agency; and
(7) Make a good faith effort to maintain a drug-free workplace
through implementation of subparagraphs (b)(1) through (b)(6) of this
clause.
(c) The Contractor, if an individual, agrees by award of the contract or
acceptance of a purchase order, not to engage in the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance
while performing this contract.
(d) In addition to other remedies available to the Government, the
Contractor's failure to comply with the requirements of paragraph (b) or
(c) of this clause may, pursuant to FAR 23.506, render the Contractor
subject to suspension of contract payments, termination of the contract or
default, and suspension or debarment.
(End of clause)
(End of Section)
ED-98-R-0009 Page B-2
1 52.223-13
CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 1996)
(a) Submission of this certificate is a prerequisite for making or
entering into this contract imposed by Executive Order 12969, August 8,
1995.
(b) By signing this offer, the offeror certifies that--
(1) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and reporting
requirements described in section 313 of the Emergency Planning and
Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section
6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the
offeror will file and continue to file for such facilities for the life
of the contract the Toxic Chemical Release Inventory Form (Form R) as
described in sections 313(a) and (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 Form R 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 10 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 CFR 372.27, provided
an appropriate certification 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; or
/_/ (v) The facility is not located within any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Northern Mariana
Islands, or any other territory or possession over which the United States
has jurisdiction.
(End of provision)
2 52.227-15
REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE
(JUN 1987)
(a) This solicitation sets forth the work to be performed if a contract
award results, and the Government's known delivery requirements for data
(as defined in FAR 27.401). Any resulting contract may also provide the
Government the option to order additional data under the Additional Data
Requirements clause at 52.227-16 of the FAR, if included in the contract.
Any data delivered under the resulting contract will be subject to the
Rights in Data--General clause at 52.227-14 that is to be included in this
contract. Under the latter clause, a Contractor may withhold from delivery
data that qualify as limited rights data or restricted computer software,
and deliver form, fit, and function data in lieu thereof. The latter
clause also may be used with its Alternates II and/or III to obtain
delivery of limited rights data or restricted computer software, marked
with limited rights or restricted rights notices, as appropriate. In
addition, use of Alternate V with this latter clause provides the
(End of Section)
ED-98-R-0009 Page B-2
Government the right to inspect such data at the Contractor's facility.
(b) As an aid in determining the Government's need to include any of
the aforementioned Alternates in the clause at 52.227-14, Rights in Data--
General, the offeror's response to this solicitation shall, to the extent
feasible, complete the representation in paragraph (b) of this provision to
either state that none of the data qualify as limited rights data or
restricted computer software, or identify which of the data qualifies as
limited rights data or restricted computer software. Any identification of
limited rights data or restricted computer software in the offeror's
response is not determinative of the status of such data should a contract
be awarded to the offeror.
REPRESENTATION CONCERNING DATA RIGHTS
Offeror has reviewed the requirements for the delivery of data or
software and states (offeror check appropriate block)--
/__/ None of the data proposed for fulfilling such requirements
qualifies as limited rights data or restricted computer software.
/__/ Data proposed for fulfilling such requirements qualify as limited
rights data or restricted computer software and are identified as
follows:
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
NOTE: "Limited rights data" and "Restricted computer software" are
defined in the contract clause entitled "Rights in Data--General."
(End of provision)
1 52.230-1
COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (APR 1996)
Note: This notice does not apply to small businesses or foreign
governments. This notice is in three parts, identified by Roman numerals I
through III.
Offerors shall examine each part and provide the requested information in
order to determine Cost Accounting Standards (CAS) requirements applicable
to any resultant contract.
If the offeror is an educational institution, Part II does not apply
unless the contemplated contract will be subject to full or modified CAS
coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6),
respectively.
I. DISCLOSURE STATEMENT--COST ACCOUNTING PRACTICES AND CERTIFICATION
(a) Any contract in excess of $500,000 resulting from this solicitation,
except contracts in which the price negotiated is based on (1) established
catalog or market prices of commercial items sold in substantial quantities
to the general public, or (2) prices set by law or regulation, will be
subject to the requirements of the Cost Accounting Standards Board (48 CFR
Chapter 99), except for those contracts which are exempt as specified in 48
CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in
a contract subject to the requirements of 48 CFR Chapter 99 must, as a
condition of contracting, submit a Disclosure Statement as required by
48 CFR 9903.202. When required, the Disclosure Statement must be submitted
as a part of the offeror's proposal under this solicitation unless the
offeror has already submitted a Disclosure Statement disclosing the
practices used in connection with the pricing of this proposal. If an
applicable Disclosure Statement has already been submitted, the offeror may
(End of Section)
ED-98-R-0009 Page B-2
satisfy the requirement for submission by providing the information
requested in paragraph (c) of Part I of this provision.
CAUTION: In the absence of specific regulations or agreement, a
practice disclosed in a Disclosure Statement shall not, by virtue of such
disclosure, be deemed to be a proper, approved, or agreed-to practice for
pricing proposals or accumulating and reporting contract performance cost
data.
(c) Check the appropriate box below:
/_/ (1) Certificate of Concurrent Submission of Disclosure Statement.
The offeror hereby certifies that, as a part of the offer, copies of the
Disclosure Statement have been submitted as follows: (i) original and one
copy to the cognizant Administrative Contracting Officer (ACO) or
cognizant Federal agency official authorized to act in that capacity
(Federal official), as applicable, and (ii) one copy to the cognizant
Federal auditor.
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable.
Forms may be obtained from the cognizant ACO or Federal official and/or
from the loose-leaf version of the Federal Acquisition Regulation.)
Date of Disclosure Statement: ____________________________________________
Name and Address of Cognizant ACO or Federal Official Where Filed:
__________________________________________________________________________
The offeror further certifies that the practices used in estimating costs
in pricing this proposal are consistent with the cost accounting practices
disclosed in the Disclosure Statement.
/_/ (2) Certificate of Previously Submitted Disclosure Statement.
The offeror hereby certifies that the required Disclosure Statement was
filed as follows:
Date of Disclosure Statement: ____________________________________________
Name and Address of Cognizant ACO or Federal Official Where Filed:
__________________________________________________________________________
The offeror further certifies that the practices used in estimating costs
in pricing this proposal are consistent with the cost accounting practices
disclosed in the applicable Disclosure Statement.
/_/ (3) Certificate of Monetary Exemption.
The offeror hereby certifies that the offeror, together with all
divisions, subsidiaries, and affiliates under common control, did not
receive net awards of negotiated prime contracts and subcontracts subject
to CAS totaling more than $25 million (of which at least one award exceeded
$1 million) in the cost accounting period immediately preceding the period
in which this proposal was submitted. The offeror further certifies that
if such status changes before an award resulting from this proposal, the
offeror will advise the Contracting Officer immediately.
/_/ (4) Certificate of Interim Exemption.
The offeror hereby certifies that (i) the offeror first exceeded the
monetary exemption for disclosure, as defined in (3) of this subsection,
in the cost accounting period immediately preceding the period in which
this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the
offeror is not yet required to submit a Disclosure Statement. The
offeror further certifies that if an award resulting from this proposal has
not been made within 90 days after the end of that period, the offeror will
immediately submit a revised certificate to the Contracting Officer, in the
form specified under subparagraph (c)(1) or (c)(2) of Part I of this
provision, as appropriate, to verify submission of a completed Disclosure
(End of Section)
ED-98-R-0009 Page B-2
Statement.
CAUTION: Offerors currently required to disclose because they were
awarded a CAS-covered prime contract or subcontract of $25 million or more
in the current cost accounting period may not claim this exemption (4).
Further, the exemption applies only in connection with proposals submitted
before expiration of the 90-day period following the cost accounting period
in which the monetary exemption was exceeded.
II. COST ACCOUNTING STANDARDS--ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE
If the offeror is eligible to use the modified provisions of 48 CFR
9903.201-2(b) and elects to do so, the offeror shall indicate by checking
the box below. Checking the box below shall mean that the resultant
contract is subject to the Disclosure and Consistency of Cost Accounting
Practices clause in lieu of the Cost Accounting Standards clause.
/_/ The offeror hereby claims an exemption from the Cost Accounting
Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies
that the offeror is eligible for use of the Disclosure and Consistency of
Cost Accounting Practices clause because during the cost accounting period
immediately preceding the period in which this proposal was submitted, the
offeror received less than $25 million in awards of CAS-covered prime
contracts and subcontracts, or the offeror did not receive a single
CAS-covered award exceeding $1 million. The offeror further certifies that
if such status changes before an award resulting from this proposal, the
offeror will advise the Contracting Officer immediately.
CAUTION: An offeror may not claim the above eligibility for modified
contract coverage if this proposal is expected to result in the award of
a CAS-covered contract of $25 million or more or if, during its current
cost accounting period, the offeror has been awarded a single CAS-covered
prime contract or subcontract of $25 million or more.
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS
The offeror shall indicate below whether award of the contemplated
contract would, in accordance with subparagraph (a)(3) of the Cost
Accounting Standards clause, require a change in established cost
accounting practices affecting existing contracts and subcontracts.
/_/ YES /_/ NO
(End of provision)
1 307-1
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.
(End of Section)
ED-98-R-0009 Page B-2
1 307-11
COST ACCOUNTING STANDARDS APPLICATION
(ED 307-11) (JUNE 1992)
The contract clause entitled "Cost Accounting Standards" shall apply to
any resulting contract, except as exempted under Section 9903.201-1(b)
of 48 CFR (CAS) Chapter 99 or when the contract is eligible for
modified coverage under Section 9903.201-2(b) of the same Regulation.
The clause entitled "Disclosure and Consistency of Cost Accounting
Practices" shall apply in the latter case.
2 311-1b
TYPE OF CONTRACT
(ED 311-1b)
The Government contemplates award of 16 fixed-price performance-based type
contracts from this solicitation. (END OF CLAUSE)
3 311-2a
GENERAL INSTRUCTIONS(ED 311-2a) (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 8 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 4447)
7th & D Streets, S.W.
Washington, D. C. 20202
Hand-carried proposals must be delivered by entering through 'D' Street
entrance of the building and stopping at the Guard's Desk. Offerors are
directed to call the Support Services Group(SSG) at 708-8493 (if no answer
is received at this number please call the number listed under clause
311-6).
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
(End of Section)
ED-98-R-0009 Page B-2
received. Offerors should consider this delay in meeting the time specified
for proposal receipt.
The Government will evaluate proposals in accordance with the evaluation
criteria set forth in Section M (if applicable) 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.
The RFP and all of the attachments including the Statement of Work will be
available on the OCFO Web Site from the Contract Information/Contract
Documents On-Line Page. The Internet address is ocfo.ed.gov. For
technical questions on the OCFO Web Site, call Gary Weaver at
202/401-0083.
To assist you in the preparation of your proposal, the Government
has estimated the effort to perform this contract. The estimated level of
effort is located at L.6 Technical Proposal Instructions.
A proposal must be limited to one clearinghouse. However, there is no
limitation on the number of different proposals an offeror may submit
under this solicitation, but each proposal must respond to exactly one
clearinghouse. These numbers are furnished for the offeror's information
only and are not considered restrictive for proposal purposes.
1 311-3
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 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
(End of Section)
ED-98-R-0009 Page B-2
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 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:
__________
The cover of each offer must specify for which clearinghouse the offer is s
The offeror should include a Task Loading Chart, without cost figures in th
Proposal; A sample Task Loading Chart is at Attachment E. Both the techni
business proposals should cover the base year plus four option years of the
Section L Estimated Level of Effort for each Clearinghouse Over Five Years:
Adult, Career, and Vocational Education
Category Hours
A. Director 4,375
B. Professional Senior 17,335
C. Professional Junior 17,500
D. Technical 20,000
E. Clerical 8,500
Total 67,710
Assessment and Evaluation
A. Director 3,650
B. Professional Senior 12,900
C. Professional Junior 14,000
D. Technical 20,225
E. Clerical 8,500
Total 59,725
Community Colleges
A. Director 3,750
B. Professional Senior 11,425
C. Professional Junior 13,625
D. Technical 20,355
E. Clerical 8,500
Total 57,655
Counseling and Student Services
A. Director 3,625
B. Professional Senior 12,900
C. Professional Junior 13,625
D. Technical 20,230
E. Clerical 8,475
Total 58,855
(End of Section)
ED-98-R-0009 Page B-2
Disabilities and Gifted Education
A. Director 3,750
B. Professional Senior 14,250
C. Professional Junior 14,000
D. Technical 20,225
E. Clerical 8,500
Total 60,725
Education Management
A. Director 3,700
B. Professional Senior 12,900
C. Professional Junior 14,000
D. Technical 20,225
E. Clerical 8,490
Total 59,315
Elementary and Early Childhood Education
A. Director 3,500
B. Professional Senior 12,900
C. Professional Junior 13,450
D. Technical 20,160
E. Clerical 8,450
Total 58,460
Higher Education
A. Director 4,375
B. Professional Senior 17,790
C. Professional Junior 14,000
D. Technical 20,600
E. Clerical 8,500
Total 65,265
Information & Technology
A. Director 3,750
B. Professional Senior 14,250
C. Professional Junior 14,000
D. Technical 20,505
E. Clerical 8,500
Total 61,005
Languages and Linguistics
A. Director 3,575
B. Professional Senior 12,900
C. Professional Junior 13,575
D. Technical 20,250
E. Clerical 8,450
Total 58,750
(End of Section)
ED-98-R-0009 Page B-2
Reading, English, and Communication
A. Director 5,000
B. Professional Senior 17,525
C. Professional Junior 17,650
D. Technical 20,155
E. Clerical 8,600
Total 68,930
Rural Education and Small Schools
A. Director 3,625
B. Professional Senior 12,900
C. Professional Junior 13,625
D. Technical 20,230
E. Clerical 8,475
Total 58,855
Science, Mathematics, and Environmental Education
A. Director 3,750
B. Professional Senior 12,900
C. Professional Junior 14,250
D. Technical 20,225
E. Clerical 8,500
Total 59,625
Social Studies/Social Science Education
A. Director 4,375
B. Professional Senior 17,680
C. Professional Junior 17,600
D. Technical 20,100
E. Clerical 8,525
Total 68,280
Teaching and Teacher Education
A. Director 3,700
B. Professional Senior 12,900
C. Professional Junior 14,000
D. Technical 20,225
E. Clerical 8,490
Total 59,315
Urban Education
A. Director 3,625
B. Professional Senior 12,900
C. Professional Junior 14,000
D. Technical 20,225
E. Clerical 8,500
Total 59,250
(End of Section)
ED-98-R-0009 Page B-2
INSTRUCTIONS FOR PREPARING TECHNICAL PROPOSALS
This Request for Proposals (RFP) invites proposals to operate 16 ERIC Clear
in Table 1. Under this competition, a separate contract will be issued for
Table 1. The ERIC Clearinghouses
Adult, Career, and Vocational Education
Assessment and Evaluation
Community Colleges
Counseling and Student Services
Disabilities and Gifted Education
Educational Management
Elementary and Early Childhood Education
Higher Education
Information and Technology
Languages and Linguistics
Reading, English, and Communication
Rural Education and Small Schools
Science, Mathematics, and Environmental Education
Social Studies/Social Science Education
Teaching and Teacher Education
Urban Education
The technical proposal should be prepared and organized into the following
1. Introductory Material
2. General Technical Approach
3. Discussion of Specific Tasks
4. Management Plan
5. Qualifications of Key Personnel
6. Organizational Capability and Commitment
l. Introductory Material
The proposal must contain a cover page which states the name, address, and
the offeror, and which clearly indicates the Clearinghouse for which the of
offeror has more than one office address, there should be no ambiguity abou
submitting the proposal. The proposal must be signed by a person authorize
organization contractually.
The offeror must also state the name and telephone number of the person(s)
conduct the negotiations. Proposals should contain a table of contents whi
each major section.
2. General Technical Approach
The offeror is required to provide a comprehensive technical plan for only
award period; for each of the remaining four years, offerors should describ
strategies and discuss how their activities, objectives and processes will
to fulfill the tasks of the RFP.
This section should describe the overall design for accomplishing the tasks
(End of Section)
ED-98-R-0009 Page B-2
It should include the offeror's general technical approach to establishing,
the ERIC Clearinghouse. The offeror should discuss its understanding of th
the ERIC system. The offeror should discuss its philosophy for operating
to undertake the work required, its vision for enhancing the ERIC program
assist schools and communities to accomplish the National Education Goals,
Secretary's Priorities, and educational reform.
The offeror should demonstrate in this section an in-depth knowledge of the
functions of the ERIC Clearinghouse, an understanding of the relationship o
to the other components of the ERIC system, the methods to acquire, synthe
disseminate information, and familiarity with other information resource pr
and their relationships to ERIC.
In presenting their general technical approach, offerors should present a c
emerging trends and issues of the field, and provide explicit plans and pro
to these trends and issues. Offerors should show how the expertise and exp
organization will be applied to covering the scope area as well as to Clear
and operations.
Each proposal should also explain how the offeror will assure objectivity a
Clearinghouse activities, including -- in the case of offerors that promote
products in a field covered by the Clearinghouse -- provisions to assure th
not used to promote the host institution's approaches or products.
3. Discussion of Specific Tasks
The offeror should fully address plans for accomplishing each of the tasks
Although the proposal should be responsive to the tasks, the offeror is als
and discuss alternative and creative approaches to the work required. Wher
contractor should provide actual examples of activities for the first contr
Offerors should describe specific procedures that will be followed for each
these procedures are the most effective to achieve the objectives of the pr
problems.
Offerors are invited to submit in their proposals special projects relating
subject-scope clientele or to larger system-wide activities. Offerors shou
project a narrative and budget statement for the duration of the project.
should contain the need for or purpose of the project, its duration, activi
their deadlines, products developed, the number of customers to be served,
total duration broken out by contract year. The budget statement should in
and cost to the project and all other costs associated with the special pro
Offerors should present plans for all six tasks, for the full period of per
however, a comprehensive discussion of project activities, staff arrangemen
schedules, and products should be provided only for the first year of the c
final four years should include objectives, general strategies, and estimat
resources among the different tasks. Upon award, the technical proposal su
to this RFP should become part of the contract, and thus, the legal respons
The figures provided in Part IV regarding input and products are based on h
offeror may propose adjustments to workload levels or quantities in the dif
provided reciprocal adjustments are made in other categories to keep the ov
for the contract at the requested level.
(End of Section)
ED-98-R-0009 Page B-2
The offeror should also note the following regarding Task 3, Question answe
answering level exceed anticipated levels by more than 15%, the offeror sho
contracting officer for a budget adjustment. The CO, upon the recommendati
should determine an appropriate reallocation with in the budget.
4. Management Plan
The offeror should include a detailed management plan that clearly describe
personnel, effective resource utilization, and scheduling of specific task
plan should provide time lines, including milestones, for work performed on
a demonstrated understanding of the interrelationship of tasks. The plan a
system for ensuring the timely and successful completion of each task, incl
ensuring quality control of processes and products, and meeting ERIC syste
adherence to EPM guidelines).
5. Qualifications of Key Personnel
The offeror should include a staffing plan and person-loading chart which i
and percentages of time to be devoted to each task. Key personnel (Directo
Acquisitions, User Services and Information Technologist) should be listed
responsibilities and percentage of time committed to the project. The addr
of each proposed key staff member should also be provided. Vitae or resume
each key staff.
The offeror should propose a Clearinghouse Director, who should be a nation
or practitioner in a major field the Clearinghouse covers, and should have
least a working knowledge of information science. The offeror should also
Director, who can function in the Director's absence and should be accounta
for day-to-day management.
Other key Clearinghouse staff should include: acquisitions coordinator; use
and computer/systems analyst/technology specialist. The offeror should sub
vitae of all proposed key personnel of the Clearinghouse. If any changes o
duration of the contract in key personnel, the contractor should submit the
proposed personnel to the Contracting Officer and to the COTR for approval
them to the vacant position.
Other Clearinghouse staff should include senior, junior, and research-level
complementary knowledge of the Clearinghouse subject fields, knowledge of i
science, and the capability to carry out document review and processing; an
clerical staff.
The contractor should have or have local access to computer support staff w
background to assist the "technology specialist" in configuring, debugging
Clearinghouse computer system, including electronic data transmission, desk
publishing, statistical reporting, web site enhancement, and other Internet
The contractor should describe in its proposal a close match between the as
the ERIC Clearinghouse and the subject specializations, strengths, and inte
staff. Experience, expertise and first-hand involvement in scope area rese
required for the contractor to acquire and evaluate documents, to provide a
and timely user services, and to develop effective products.
(End of Section)
ED-98-R-0009 Page B-2
6. Organizational Capacity and Commitment
The proposal should demonstrate clearly how the work of the ERIC Clearingho
mission and work of the offeror, and how the offeror's organizational capab
resources, and proposed space will be used to establish and operate the ERI
Short abstracts of related work should include the name, current affiliatio
number of the work's monitor. Corporate facilities, hardware and software
scope of work should also be described, along with the capacity for keeping
industry standards.
The following relevant documents are available on the World Wide Web:
Reference 1. Access for All: A New National Library for Tomorrow's Learn
Public Law 103-227 Goals 2000: Educate America Act Title IX, Part D, Sect
U.S. Department of Education's seven priorities for education
and http://www.ed.gov/inits.html
1 311-4
BUSINESS PROPOSAL INSTRUCTIONS(ED 311-4) (MAY 1993)
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. A detailed task-by-task cost proposal - The cost proposal must be
fully supported by cost and pricing data adequate to establish the
reasonableness of the proposed amount and to otherwise meet, if necessary,
the requirements for certified cost or pricing data under FAR 15.408.
All elements contributing to cost, including categories and amounts of
labor, materials, indirect costs or overheads, travel, computer time, etc.,
shall be treated thereunder in accordance with the instructions contained
in Table 15-2 of FAR 15.408 and supportive data for those also attached
as required.
Other cost proposal considerations:
(1) The cost for individual elements, such as analytical
studies, reports, etc., shall be itemized by tasks.
(2) The estimated costs of each period or phase shall be
itemized. Within each period or phase, the estimated
costs for each task of the statement of work shall be
itemized.
(3) In addition to the required hard copy, offerors are
encouraged to submit cost and pricing data in Lotus 1-2-3
or Excel readable spreadsheet Format. This will facilitate
the Government's analysis and evaluation of your cost proposal.
C. Property and equipment - It is ED policy that contractors provide
(End of Section)
ED-98-R-0009 Page B-2
all equipment and facilities necessary for performance of contracts;
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 150 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 past performance, including a listing of
references with contract and grant numbers and the addresses and phone
business.
(4) the offeror's record of business integrity;
(5) the offeror's possession of necessary organizational experience,
technical skills or the ability to obtain them;
(6) the offeror's possession of necessary facilities; or the ability
to obtain them;
(7) the offeror's compliance with subcontract requirements; and
(8) any other special considerations involved in the acquisition.
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.
1 311-5
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
(End of Section)
ED-98-R-0009 Page B-2
in proposal timelines if the Paperwork Reduction Act
is applicable.
F. The cover of each offer must specify for which clearinghouse the offer
Each offer must contain a price proposal for the base year and each of the
years of the contract. One version, without cost figures, is to be include
Technical Proposal; the other, with cost figures, is to appear in the Busin
A Price Proposal Budget, Pricing Sheet and Task Loading Chart are included
to Attachment C, D & E. Both the technical and business proposals should c
years of the contract.
G. The government intends to award a performance based contract. Under FA
Performanced-based contracts must:
(c) Specify procedures for reductions of fees or for reductions to the
price of a fixed price contract when services are not performed
do not meet contract requirements; and
(d) Include Performance incentives where appropriate.
In order, to meet this objective, the government intends to negotiate a Qua
Surveillance Plan. The offeror should propose a Quality Assurance Surveill
the Performance Indicators for ERIC Clearinghouses at Attachment A, Page A-
appropriate reductions and incentives.
H. The offeror should propose a fixed price contract, using the Price Prop
Pricing Sheet at Attachments C & D. A single firm-fixed price should be pr
term of the contract (base year and four option years). The offeror should
payment schedule. The government anticipates that the progress payment sch
of the annual firm fixed price unless the offeror includes a different prop
schedule in its business proposal.
1 311-6
CLARIFICATION QUESTIONS (ED 311-6) (APRIL 1998)
Offerors must submit all clarification questions concerning this
solicitation in writing to the contract specialist. Questions may be
submitted via E-Mail, fax or regular mail to:
Michelle Ringo
U.S. Department of Education
ROB-3, Room 3616, Mail Stop 4447
7th and D Streets, SW
Washington, DC 20202-4447
email: Michelle_Ringo@ed.gov
fax: 202/708-9817
ED will accept clarification questions until May 18, 1998 After this
date ED does not guarantee that a response will be given. Oral
explanations or instructions given by the Government before the award of
the contract(s) shall not be binding. Any information given to a
prospective offeror concerning a solicitation will be furnished promptly
(End of Section)
ED-98-R-0009 Page B-2
to all other prospective offerors as an amendment to the solicitation, if
that information is necessary in submitting offers or if a lack of it
would be prejudicial to any other prospective offerors.
1 311-7
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.
2 314-1
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. Each major subcontractor
shall identify the name of the prime contractor on each of
its past performance forms. If the offeror has no relevant
corporate or organizational past performance of a predecessor
company or of the offeror's management or proposed key personnel
who have relevant experience.
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
(End of Section)
ED-98-R-0009 Page B-2
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).
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
(End of Section)
ED-98-R-0009 Page B-2
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. Beyond
that initial request, you do not need to follow up with the reference; the
contracting officer will contact the reference if necessary.
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
performance.
1 52.215-1 I
INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (OCT 1997)--ALTERNATE
I (OCT 1997)
(a) Definitions. As used in this provision--
"Discussions" are negotiations that occur after establishment of the
competitive range that may, at the Contracting Officer's discretion,
result in the offeror being allowed to revise its proposal.
"In writing" or "written" means any worded or numbered expression which
can be read, reproduced, and later communicated, and includes
electronically transmitted and stored information.
"Proposal modification" is a change made to a proposal before the
solicitation's closing date and time, or made in response to an amendment,
or made to correct a mistake at any time before award.
"Proposal revision" is a change to a proposal made after the solicitation
closing date, at the request of or as allowed by a Contracting Officer as
the result of negotiations.
"Time," if stated as a number of days, is calculated using calendar days,
unless otherwise specified, and will include Saturdays, Sundays, and legal
holidays. However, if the last day falls on a Saturday, Sunday, or legal
holiday, then the period shall include the next work7ing day.
(b) Amendments to solicitations. If this solicitation is amended, all
terms and conditions that are not amended remain unchanged. Offerors
shall acknowledge receipt of any amendment to this solicitation by the
date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are
permitted in the solicitation, proposals and modifications to proposals
shall be submitted in paper media in sealed envelopes or packages (i)
addressed to the office specified in the solicitation, and (ii) showing
the time and date specified for receipt, the solicitation number, and the
name and address of the offeror. Offerors using commercial carriers
should ensure that the proposal is marked on the outermost wrapper with
the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show--
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the
offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms,
(End of Section)
ED-98-R-0009 Page B-2
conditions, and provisions included in the solicitation and agreement
to furnish any or all items upon which prices are offered at the price
set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and
electronic addresses if available) of persons authorized to negotiate
on the offeror's behalf with the Government in connection with this
solicitation; and
(v) Name, title, and signature of person authorized to sign the
proposal. Proposals signed by an agent shall be accompanied by
evidence that agent's authority, unless that evidence has been
previously furnished to the issuing office.
(3) Late proposals and revisions. (i) Any proposal received at the
office designated in the solicitation after the exact time specified for
receipt of offers will not be considered unless it is received before
award is made and--
(A) It was sent by registered or certified mail not later than the
fifth calendar day before the date specified for receipt 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 15th);
(B) 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;
(C) 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;
(D) 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;
or
(E) There is acceptable evidence to establish that it was received
at the activity designated for receipt of offers and was under the
Government's control prior to the time set for receipt of offers,
and the Contracting Officer determines that accepting the late offer
would not unduly delay the procurement; or
(F) It is the only proposal received.
(ii) Any modification or revision of a proposal or response to
request for information, including any final proposal revision, is
subject to the same conditions as in subparagraphs (c)(3)(i)(A) through
(c)(3)(i)(E) of this provision.
(iii) The only acceptable evidence to establish the date of mailing
of a late proposal or modification or revision sent either by
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, response to a request for information, or
modification or revision 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
(End of Section)
ED-98-R-0009 Page B-2
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 respondents should request the postal
clerk to place a legible hand cancellation bull's eye postmark on both
the receipt and the envelope or wrapper.
(iv) 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.
(v) The only acceptable evidence to establish the date of mailing of
a late offer, modification or revision, 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
(c)(3)(iii) of this provision, excluding postmarks of the Canadian
Postal Service. Therefore, offerors or respondents should request the
postal clerk to place a legible hand cancellation bull's eye postmark
on both the receipt and the envelope or wrapper.
(vi) Notwithstanding paragraph (c)(3)(i) of this provision, a late
modification or revision 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.
(vii) 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 the
conditions specified in the provision entitled "Facsimile Proposals."
Proposals may be withdrawn in person by an offeror or an authorized
representative, if the representative's identity is made known and the
representative signs a receipt for the proposal before award.
(viii) If an emergency or unanticipated event interrupts normal
Government processes so that proposals cannot be received at the office
designated for receipt of proposals by the exact time specified in the
solicitation, and urgent Government requirements preclude amendment of
the solicitation or other notice of an extension of the closing date,
the time specified for receipt of proposals will be deemed to be
extended to the same time of day specified in the solicitation on the
first work day on which normal Government processes resume. If no time
is specified in the solicitation, the time for receipt is 4:30 p.m.,
local time, for the designated Government office.
(4) Unless otherwise specified in the solicitation, the offeror may
propose to provide any item or combination of items.
(5) Proposals submitted in response to this solicitation shall be in
English and in U.S. dollars, unless otherwise permitted by the
solicitation.
(6) Offerors may submit modifications to their proposals at any time
before the solicitation closing date and time, and may submit
modifications in response to an amendment, or to correct a mistake at any
time before award.
(7) Offerors may submit revised proposals only if requested or allowed
by the Contracting Officer.
(End of Section)
ED-98-R-0009 Page B-2
(8) Proposals may be withdrawn at any time before award. Withdrawals
are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation
will be valid for the number of days specified on the solicitation cover
sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in
their proposals data that they do not want disclosed to the public for any
purpose, or used by the Government except for evaluation purposes, shall--
(1) Mark the title page with the following legend:
This proposal includes data that shall not be disclosed outside the
Government and shall not be duplicated, used, or disclosed--in whole or
in part--for any purpose other than to evaluate this proposal. If,
however, a contract is awarded to this offeror as a result of--or in
connection with--the submission of this data, the Government shall have
the right to duplicate, use, or disclose the data to the extent provided
in the resulting contract. This restriction does not limit the
Government's right to use information contained in this data if it is
obtained from another source without restriction. The data subject to
this restriction
are contained in sheets __________ and
(2) Mark each sheet of data it wishes to restrict with the following
legend:
Use or disclosure of data contained on this sheet is subject to the
restriciton on the title page of this proposal.
(f) Contract award. (1) The Government intends to award a contract or
contracts resulting from this solicitation to the responsible offer(s)
whose proposal(s) represents the best value after evaluation in accordance
with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is
in the Government's interest.
(3) The Government may waive informalities and minor irregularities in
proposals received.
(4) The Government intends to evaluate proposals and award a contract
after conducting discussions with offerors whose proposals have been
determined to be within the competitive range. If the Contracting
Officer may limit the number or proposals in the competitive range to the
greatest number that will permit an efficient competition among the most
highly rated proposals. Therefore, the offeror's initial proposal
should contain the offeror's best terms from a price and technical
standpoint.
(5) The Government reserves the right to make an award on any item for
a quantity less than the quantity offered, at the unit cost or prices
offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after
considering the additional administrative costs, it is in the
Government's best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not
constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if
the prices proposed are materially unbalanced between line items or
subline items. Unbalanced pricing exists when, despite an acceptable
total evaluated price, the price of one or more contract line items is
significantly overstated or understated as indicated by the application
of cost or price analysis techniques. A proposal may be rejected if the
(End of Section)
ED-98-R-0009 Page B-2
Contracting Officer determines that the lack of balance poses an
unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be
considered by the source selection authority in evaluating performance or
schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise
furnished to the successful offeror within the time specified in the
proposal shall result in a binding contract without further action by
either party.
(11) The Government may disclose the following information in
postaward debriefings to other offerors:
(i) The overall evaluated cost or price and technical rating of the
successful offeror;
(ii) The overall ranking of all offerors, when any ranking was
developed by the agency during source selection;
(iii) A summary of the rationale for award; and
(iv) For acquisitions of commercial items, the make and model of the
item to be delivered by the successful offeror.
(End of provision)
1 52.215-16
FACILITIES CAPITAL COST OF MONEY (OCT 1997)
(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.
(End of provision)
2 52.215-20
REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR
PRICING DATA (OCT 1997)
(a) Exceptions from cost or pricing data. (1) In lieu of submitting
cost or pricing data, offerors may submit a written request for exception
by submitting the information described in the following subparagraphs.
The Contracting Officer may require additional supporting information, but
only to the extent necessary to determine whether an exception should be
granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price
offered. If the price is controlled under law by periodic rulings,
reviews, or similar actions of a governmental body, attach a copy of
the controlling document, unless it was previously submitted to the
contracting office.
(ii) Commercial item exception. For a commercial item exception,
the offeror shall submit, at a minimum, information on prices at which
the same item or similar items have previously been sold in the
commercial market that is adequate for evaluating the reasonableness of
the price for this acquisition. Such information may include--
(A) For catalog items, a copy of or identification of the catalog
and its date, or the appropriate pages for the offered items, or a
statement that the catalog is on file in the buying office to which
the proposal is being submitted. Provide a copy or describe current
discount policies and price lists (published or unpublished), e.g.,
(End of Section)
ED-98-R-0009 Page B-2
wholesale, original equipment manufacturer, reseller. Also explain
the basis of each offered price and its relationship to the
established catalog price, including how the proposed price relates
to the price of recent sales in quantities similar to the proposed
quantities;
(B) For market-priced items, the source and date or period of the
market quotation or other basis for market price, the base amount,
and applicable discounts. In addition, describe the nature of the
market;
(C) For items included on an active Federal Supply Service
Multiple Award Schedule contract, proof that an exception has been
granted for the schedule item.
(2) The offeror grants the Contracting Officer or an authorized
representative the right to examine, at any time before award, books,
records, documents, or other directly pertinent records to verify any
request for an exception under this provision, and the reasonableness of
price. For items priced using catalog or market prices, or law or
regulation, access does not extend to cost or profit information or other
data relevant solely to the offeror's determination of the prices to be
offered in the catalog or marketplace.
(b) Requirements for cost or pricing data. If the offeror is not
granted an exception from the requirement to submit cost or pricing data,
the following applies:
(1) The offeror shall prepare and submit cost or pricing data and
supporting attachments in accordance with Table 15-2 of FAR 15.408.
(2) As soon as practicable after agreement on price, but before
contract award (except for unpriced actions such as letter contracts),
the offeror shall submit a Certificate of Current Cost or Pricing Data,
as prescribed by FAR 15.406-2.
(End of provision)
1 52.222-24
PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW (APR 1984)
An award in the amount of $1 million or more will not be made under this
solicitation unless the offeror and each of its known first-tier
subcontractors (to whom it intends to award a subcontract of $1 million or
more) are found, on the basis of a compliance review, to be able to comply
with the provisions of the Equal Opportunity clause of this solicitation.
(End of provision)
2 52.232-13
NOTICE OF PROGRESS PAYMENTS (APR 1984)
The need for customary progress payments conforming to the regulations
in Subpart 32.5 of the Federal Acquisition Regulation (FAR) will not be
considered as a handicap or adverse factor in the award of the contract.
The Progress Payments clause included in this solicitation will be
included in any resulting contract, modified or altered if necessary
in accordance with subsection 52.232-16 and its Alternate I of the FAR.
Even though the clause is included in the contract, the clause shall be
inoperative during any time the contractor's accounting system and
controls are determined by the Government to be inadequate for
segregation and accumulation of contract costs.
(End of provision)
(End of Section)
ED-98-R-0009 Page B-2
1 52.232-18
AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's
obligation under this contract is contingent upon the availability of
appropriated funds from which payment for contract purposes can be made.
No legal liability on the part of the Government for any payment may arise
until funds are made available to the Contracting Officer for this contract
and until the Contractor receives notice of such availability, to be
confirmed in writing by the Contracting Officer.
(End of clause)
2 52.233-2
SERVICE OF PROTEST (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
Lenox Coles, Jr.
Contracting Officer
U.S. Department of Education
Contracts and Purchasing Operations
ROB 3, Room 3616, Mail Stop 4447
Washington, DC 20202-4447
202/708-9817 fax
(b) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.
(End of provision)
3 312-14
MULTIPLE AWARDS
(ED 312-14)
The Government intends to award multiple contracts under this
request for proposals. Proposals will only be competed between other
proposals submitted on the same subject matter.
4 312-2
EVALUATION FACTORS FOR AWARD(ED 312-2) (FEB 1996)
(A) The Government will make award to the responsible offeror(s)whose
offer conforms to the solicitation, has no deficiencies (as defined in FAR
15.301) 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 (A).
2. Past performance subfactors:
a. Quality of Product or Service - compliance with
contract requirements - accuracy of reports -
appropriateness of personnel - technical excellence.
(End of Section)
ED-98-R-0009 Page B-2
b. Problem Resolution - anticipates and avoids or
mitigates problems - satisfactorily overcomes or
resolves problems - prompt notification of problems -
pro-active - effective contractor-recommended
solutions.
c. Cost Control - within budget - current, accurate and
complete billings - costs properly allocated -
unallowable costs not billed - relationship of
negotiated costs to actual - cost efficiencies.
d. Timeliness of Performance - meets interim milestones -
reliable - stays on schedule despite problems -
responsive to technical direction - completes on time,
including wrap-up and contract administration - no
liquidated damages assessed.
e. Business Relations - effective management - use of
performance-based management techniques - business-like
concern for the customer's interests - effective
management and selection of subcontractors - effective
small/small disadvantaged business subcontracting
program - reasonable/cooperative behavior - effective
use of technology in management and communication -
flexible - minimal staff turnover - maintains high
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 currency and relevance of the information, source of
the information, context of the data, and general trends in contractor's
performance will be considered. 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. An offeror will be given an opportunity to discuss adverse past
performance information, if the offeror has not had a previous
opportunity to comment on the information. The contracting officer
(End of Section)
ED-98-R-0009 Page B-2
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 no relevant information on past performance is available for
an offeror, the offeror will not be evaluated favorably or unfavorably
credit.
__________
Criteria
1. General Technical Approach
a. Provides a comprehensive technical plan which demonstrates a
knowledge and understanding of the ERIC mission and system,
and includes the overall design and general technical approach
to establishing, operating, and managing an ERIC Clearinghouse,
and a discussion of the methods which will be used to acquire,
synthesize, and disseminate information. 1
b. Discusses fully the proposed scope of interest for the
Clearinghouse including a critical analysis of the emerging
trends and issues in the field and plans and procedures for
responding to them.
c. Provides assurance of objectivity and impartiality in
Clearinghouse activities, including provisions to assure that
the Clearinghouse will not promote the host institution's agenda.
2. Discussion of Specific Tasks
The proposal demonstrates the offeror's capability for carrying
out the specific tasks required in this RFP:
a. Task 1 -- Database Development
b. Task 2 -- Products
c. Task 3 -- User Services
d. Task 4 -- Outreach and Training
e. Task 5 -- System-wide Activities and Special Projects
f. Task 6 -- Clearinghouse Management (covered in Item 3 below) -
3. Management Plan
a. The management plan is clear, logical and includes all elements in
Task 6.2. The milestones and time lines are scheduled by Task.
There are provisions for identifying and correcting problems and
a system for maintaining quality.
b. Plan clearly indicates lines of authority and responsibility in
operating the Clearinghouse, including a staffing plan and person-
(End of Section)
ED-98-R-0009 Page B-2
loading chart, with actual hours and percentages of time for each
task.
4. Qualifications of Key Personnel
a. Clearinghouse Director and Associate Director: The proposal
provides vitae and evidence of scope area expertise and national
leadership, relevant managerial experience and writing and
publication experience.
b. Other Key Staff (acquisitions, user services and information
technologist): The proposal provides vitae and evidence of scope
area experience in database development, publications, user services,
product development and dissemination, outreach and training, and
knowledge of information technology, including emerging electronic
technologies.
5. Capability and Commitment of Offeror
a. Demonstrated organizational competence to perform similar or
related tasks. Discussion of how this project relates to the
mission of the offeror.
b. The proposal's management plan clearly describes the high quality
proposed facility, including computer hardware and software
capabilities, other equipment and resources, and knowledge of
emerging technologies, with the capacity for future implementation.
Maximum Total
1 52.217-5
EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be
in the Government's best interests, the Government will evaluate offers
for award purposes by adding the total price for all options to the total
price for the basic requirement. Evaluation of options will not obligate
the Government to exercise the option(s).
(End of provision)
(End of Section)
ED-98-R-0009 Page B-2