Solicitation Snapshot File Issued11/05/98 PR:EDOOPE-98-005103 Rating Solicitation TyRFP Issue ByEDRFP U.S. Dept. of Education, CPO/SSG GSA Bldg. (ROB-3), Rm 3616 Seventh and D Streets SW Washington, DC 20202-4443 Offer TEDRFP U.S. Dept. of Education, CPO/SSG GSA Bldg. (ROB-3), Rm 3616 Seventh and D Streets SW Washington, DC 20202-4443 Ship ToCPOSSG Contr. & Purch. Opr., Support Serv. Gr. U.S. Dept. of Education, Rm 3616, ROB-3 Seventh and D Streets SW Washington, DC 20202-4443 Delivery B12/30/98 Proposals Due12/30/98 Time:12:00 Copies:6 FOB Flag:Destination Set-aside FlaU: Set-aside Type Funds AvailableYes SAF:No Name: James Hairfield Phone:(202) 708-8529 Administered BELCPO U.S. Department of Education GSA Bldg., (ROB) RM3616 Seventh & D Streets SW Washington, D.C. 20202-4443 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 1 301-10 PROVISION FOR PRICING AND PAYMENT (ALTERNATE I)(AUGUST 1985) The total fixed price of this contract is (To be filled in at the time of award.) 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. 2 301-21 CONTRACT AMOUNT INCREASE/DECREASE (APRIL 1997) (a) The Government shall have the right to unilaterally increase the not-to-exceed amount of this contract at any time in order to provide sufficient funds to cover the anticipated quantity of services and supplies for the remainder of the contract term. Additional funds will be obligated on appropriate contract modifications signed by the Contracting Officer. Such funding modifications shall state the existing total contract amount, the amount of increased funding, and the new total contract amount. (b) The Government shall also have the right to unilaterally decrease the amount of this contract in the same manner as above. 3 301-22 CONTRACT DEFINITION (APRIL 1997) (a) This is a firm fixed price, indefinite delivery contract, as defined under Subparts 16.202 and 16.5 of the Federal Acquisition Regulation for fixed price task orders. (b) This is a time and materials, indefinite delivery contract, as defined under Subparts 16.601 and 16.5 of the Federal Acquisition Regulation for task orders which are designated by the Contracting Officer as time and materials task orders. 4 301-26b CONTRACT MINIMUM/MAXIMUM (APRIL 1997) The minimum amount for this contract is $50 The maximum amounts for each year are:$ 13,000,000 PRICING SCHEDULE (ALTERNATE I)(APRIL 1997) The prices for services set forth in the Pricing Schedule shall apply for payment purposes for all quantities acquired under this contract. The Contractor may not charge the Government for any services associated with this contract at any prices or rates other than those specified in the Pricing Schedule. The pricing schedule is attached to this contract as Attachment 2. (End of Section) Page B-2 1 302-2 SCOPE OF WORK (FEBRUARY 1985) The contractor shall furnish all personnel, materials, services, and facilities necessary to perform the requirements set forth in the Statement of Work, Attachment A 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. __________ 2 303-1 SHIPMENT AND MARKING (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 3624 7th & D Streets, SW Washington, DC 20202-4446 Attn: JoAnn Lane, Contract Specialist (c) Mark deliverables for: __________ 3 304-1 INSPECTION AND ACCEPTANCE (FEBRUARY 1985) Pursuant to the inspection clause, Section I, final inspection and acceptance of all contracted items shall be made by the Contracting Officer. 4 305-4 PERIOD OF PERFORMANCE (MARCH 1986) The period of performance shall be from date of contract award to September 30, 2000 inclusive of all specified deliveries and/or task work. 5 305-6 DELIVERABLES (MARCH 1986) All deliverables shall be submitted in accordance with the kinds, quantities and dates indicated in the attached Statement of Work. 6 306-10 GOVERNMENT-FURNISHED DATA (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 (End of Section) Page B-2 (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 Statement of Work (E) Other treatment and rights shall be in accordance with the incorporated general provision titled "Government Property". 1 306-12 GOVERNMENT PROPERTY--RESIDUAL INVENTORY (APRIL 1984) The Contractor is authorized to use in the performance of this contract the residual inventory presently accountable to Contract No. PM94002001 __________ 2 306-13 GOVERNMENT-FURNISHED PROPERTY (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. *Postage Mailing Machine(s) as needed *Postage Meter(s) as needed *Postal scale(s) as needed *ASCOM/Hasler AMS-20 Mail Management Equipment *FTS 2000 lines sufficient for contractor's use *IBM 3171-BA3 Display Terminals *One HP Laserjet III Printer *One IBM 3174-91R Communications Controller *One large capacity facsimile machine, plus associated software for operating Message Broadcast *One Intuity CONVERSANT Call Center Solution Unit (IVRU for use at FSAIC) *ED stationary *ED franked envelopes (4 inches x 9 1/2 inches [window envelopes] and 9 1/2 inches x 12 inches), on an as needed basis. The Government will provide to the contractor the equipment and materials specified above for the duration of the contract. The contractor shall be responsible for keeping enough materials on hand for the performance of the contract according to its terms. At the conclusion of the contract period, including any option periods, the contractor shall return all residual inventory to ED. (End of Section) Page B-2 1 306-1a INVOICE AND CONTRACT FINANCING REQUESTS SUBMISSION (ALTERNATE I)(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 copy of the invoice or contract financing request to the Designated Billing Office. __________ NOTE: Invoices or contract financing requests must be sent to the designated billing office indicated above. Invoices or contract financing requests should NOT be sent to the "Payment will be made by" office indicated on the face page of the contract (block 12 of SF26 or block 25 of SF33). __________ 2 306-6 GOVERNMENT PROPERTY ADMINISTRATOR (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. 3 306-8 CONTRACT ADMINISTRATOR (FEB 1985) The Contractor shall designate one individual to be contacted during the period of the contract for prompt contract administration. __________ 4 301-20 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES (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. (End of Section) Page B-2 1 307-17 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). 2 307-2 KEY PERSONNEL DESIGNATION (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: The key personnel for this contract will be based on those key personnel proposed in the contractor's technical proposal. There are no specific labor categories that are required to be filled under this solicitation. 3 307-3 DUAL COMPENSATION (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 Section) Page B-2 1 307-30 SUBMISSION OF MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (SEPTEMBER 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 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 2 307-31 YEAR 2000 COMPLIANCE (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. (End of Section) Page B-2 (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. 1 307-7a PUBLICATION AND AUDIO-VISUAL PRODUCTION (MAY 1997) Except as provided below, neither the development or production of any publication or audiovisual product is authorized. In the event that development or production of any publication or audiovisual product subsequently becomes a contract requirement (expressed or implied), the contractor shall obtain approval in writing from the Contracting Officer. Until the contractor obtains such Contracting Officer approval, no costs for development or production of the publication or audiovisual product shall be allowable. The following items are excepted from the approval requirements of this clause: 1. Up to 50 copies of progress and final reports. The Contractor shall ensure that any publication or audiovisual product developed or produced under this contract is compatible with the Department of Education's responsibilities under the Sections 504 and 508 of the Rehabilitation Act of 1973,29 U.S.C. 794 and 794d, as amended, to ensure the accessibility of its programs and activities to individuals with disabilities. The contractor shall not distribute or release to the public any publication or audiovisual product developed or produced under this contract without written authorization of the Contracting Officer. To obtain this authorization, the contractor shall submit 2 copies of the publication or audiovisual product to the Contracting Officer. Since the Contracting Officer must obtain internal public affairs or other clearances, the Contractor should plan at least 45 days to obtain authorization from the Contracting Officer. Except as may be provided elsewhere, the contractor may develop and produce at its own expense, results of work under this contract (see Publication and Publicity). (End of Section) Page B-2 1 307-8 PAYMENT OF PRINTING TO BE PERFORMED BY THE GOVERNMENT PRINTING OFFICE (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. 2 316-1 ACCESSIBILITY OF SOFTWARE (JUNE 1997) The Department of Education (ED) considers universal accessibility to information a priority for all its employees and external customers, including individuals with disabilities. Under Sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. sections 794 and 794d, as amended), ED must ensure the accessibility of its programs and activities, specifically its obligation to acquire and use accessible electronic and information technology. ED maintains the manual, "Requirements for Accessible Software Design," to convey the accessibility needs of the Department to the developers and suppliers of computer applications. To comply with the provisions of this clause, the contractor may use the edition of the ED manual "Requirements for Accessible Software Design" in effect at the date of award of this contract or any more recent edition. A copy of the most recent edition of the manual may be found at ocfo.ed.gov/coninfo/clibrary/software.htm. (a) Software developed for ED--The contractor shall ensure that any software developed under this contract for use by ED's employees or external customers is accessible to individuals with disabilities. At a minimum, such software must meet all the requirements the ED manual "Requirements for Accessible Software Design." However, in accordance with paragraph (d) of this clause, the contracting officer may waive a particular 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 enhancements or modifications (not other features or parts of the software) of the software fully comply with the accessibility requirements of paragraph (a), as well as suggest solutions to ensure the software complies. (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 (End of Section) Page B-2 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 circumstances, the contracting officer may grant a waiver, in writing, to any requirement of the manual or of this clause if it furthers a public interest of ED and will not significantly impair ED's ability to ensure accessibility of its programs and activities to all its employees and external customers, including individuals with disabilities. To request a waiver, the contractor shall notify the contracting officer in writing, listing the specific accessibility requirements that would not be met and explaining how the accessibility of a particular feature can be achieved by alternative means or why it is not feasible to make a feature of the software accessible. (e) Condition of payment--The contractor agrees that compliance with the provisions of this clause upon delivery of the software to ED is a condition of payment under this contract. (End of Section) Page B-2 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 10 days before contract completion.) 2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989) (a) The Government may extend the term of this contract by written notice to the Contractor 60 days before contract expiration; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option provision. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months (d) The option periods shall be as follows: Period Start Date End Date I October 1, 2000 September 30, 2001 II October 1, 2001 September 30, 2002 III October 1, 2002 September 30, 2003 IV October 1, 2003 September 30, 2004 __________ 3 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. (End of clause) (End of Section) Page B-2 1 52.224-2 PRIVACY ACT (APR 1984) (a) The Contractor agrees to-- (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-- (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. (End of clause) (End of Section) Page B-2 1 52.227-3 PATENT INDEMNITY (APR 1984) (a) The Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as "construction work") under this contract, or out of the use or disposal by or for the account of the Government of such supplies or construction work. (b) This indemnity shall not apply unless the Contractor shall have been informed as soon as practicable by the Government of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to (1) an infringement resulting from compliance with specific written instructions of the Contracting Officer directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the contract not normally used by the Contractor, (2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or (3) a claimed infringement that is unreasonably settled without the consent of the Contractor, unless required by final decree of a court of competent jurisdiction. (End of clause) 2 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. (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) (End of Section) Page B-2 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 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 (End of Section) Page B-2 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 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 (End of Section) Page B-2 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) 3 3452.208-70 PRINTING (AUG 1987) (Reference) 4 3452.227-70 PUBLICATION AND PUBLICITY (AUG 1987) (Reference) 5 3452.227-71 PAPERWORK REDUCTION ACT (AUG 1987) (Reference) 6 3452.227-72 ADVERTISING OF AWARDS (AUG 1987) (Reference) 7 3452.242-71 NOTICE TO THE GOVERNMENT OF DELAYS (AUG 1987) (Reference) (End of Section) Page B-2 1 3452.242-72 WITHHOLDING OF CONTRACT PAYMENTS (AUG 1987) (Reference) 2 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH (Reference) 3 52.203-3 GRATUITIES (APR 1984) (Reference 3.202) 4 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (Reference 3.404) 5 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) (Reference 3.503-2) 6 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995) (Reference 3.502-3) 7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (Reference 3.104-9) 8 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (Reference 3.104-9) 9 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 1997) (Reference 3.808) 10 52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER (JUN 1996) (Reference 4.304) 11 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) (Reference 9.409) 12 52.215-2 AUDIT AND RECORDS--NEGOTIATION (AUG 1996) (Reference) 13 52.219-8 UTILIZATION OF SMALL, SMALL DISADVANTAGED, AND WOMEN-OWNED SMALL BUSINESS CONCERNS (OCT 1998) (Reference) 14 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (JUL 1995) (Reference 22.305) 15 52.223-2 CLEAN AIR AND WATER (APR 1984) (Reference 23.105) 16 52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987) (Reference) (End of Section) Page B-2 1 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987) (Reference 27.409) 2 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (Reference 32.806) 3 52.232-25 PROMPT PAYMENT (JUN 1997) (Reference) 4 52.233-3 PROTEST AFTER AWARD (AUG 1996) (Reference 33.106) 5 52.242-15 STOP-WORK ORDER (AUG 1989) (Reference 42.1305) 6 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JAN 1997) (Reference 47.405) 7 52.248-1 VALUE ENGINEERING (MAR 1989) (Reference 48.201) 8 52.248-1 III VALUE ENGINEERING (MAR 1989)--ALTERNATE III (APR 1984) (Reference 48.201) 9 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. 10 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) (End of Section) Page B-2 1 FP Services SECTION I: CLAUSES FOR A NEGOTIATED FIXED- PRICE SERVICES CONTRACT FEDERAL ACQUISITION REGULATION(48 CFR CHAPTER 1) CLAUSES (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.) 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 (End of Section) Page B-2 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) 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) (End of Section) Page B-2 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 (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 (End of Section) Page B-2 Influence Legislation or Appropriations (AUGUST 1987) (end of clause) 1 309-1a LIST OF ATTACHMENTS (APRIL 1984) 1. Statement of Work 2. Pricing Matrix 3. Quality Assurance Plan 4. Definitions/Acronyms 5. Past Performance Form 6. Reference Materials 7. Standard Form 1448 8. Table 15-3 Instructions for Submission of Information Other Than Cost or Pricing Data 9. Schedule of Deliverables FIPS AND FED-STD CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE This contract incorporates the following clauses and provisions by reference. The clauses and provisions that are applicable to this contract are checked with an "X". These clauses and provisions have the same force and effect as if they were given in full text. Offerors and contractors may order the texts of the FIPS PUBs from the following address: National Technical Information Service U.S. Department of Commerce Springfield, VA 22161 Telephone: (703) 487-4650 The texts of the FED STDs may be ordered from the following address: General Services Administration (WFRI) Washington, D.C. 20407 Telephone: (202) 472-2205 STANDARDS CHECKLIST AS OF 03/17/98 Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles FEDERAL INFORMATION PROCESSING STANDARDS (FIPS) ------- ---X---- ------- FIPS 4-1, Representation for Calend and Ordinal Date for Informati Interchange - Specifies codes identify years, months and dat (End of Section) Page B-2 Georgian calendar. Adopts ANSI 1985/R1991. (The Millennium Ro ------- ---X---- ------- FIPS 5-2, Codes for the Identificat of the States, District of Col and the Outlying Areas of the States, and Associated Areas ------- ---X---- ------- FIPS 6-4, Counties and Equivalent Entities of the United States, Possessions and Associated Are ------- ---X---- ------- FIPS 8-6, Metropolitan Areas (Inclu MSAs, CMSAs, PMSAs, and NECMAs ------- ---X---- ------- FIPS 9-1, Congressional Districts o the United States ------- ---X---- ------- FIPS 10-4, Countries, Dependencies, of Special Sovereignty, and th Principal Administrative Divis ------- ---X---- ------- FIPS 21-4, COBOL ------- ---X---- ------- FIPS 29-3, Interpretation Procedure Federal Information Processing for Software ------- ---X---- ------- FIPS 31, Guidelines for Automatic D Processing Physical Security a Management ---X--- -------- ------- FIPS 41, Computer Security Guidelin Implementing the Privacy Act o ---X--- -------- ------- FIPS 46-2 Data Encryption Standard( ------- ---X---- ------- FIPS 48, Guidelines on Evaluation o Techniques for Automated Perso ------- ---X---- ------- FIPS 55-DC3, Guideline: Codes for N Populated Places, Primary Coun Other Locational Entities of t Puerto Rico, and the Other Out ------- ---X---- ------- FIPS 55-3, Same As 55-DC3 except wi codes ------- ---X---- ------- FIPS 66, Standard Industrial Classification (SIC) Codes ------- ---X---- ------- FIPS 69-1, FORTRAN ------- ---X---- ------- FIPS 73, Guidelines for Security of (End of Section) Page B-2 ------- ---X---- ------- FIPS 74, Guidelines for Implementin Data Encryption Standard ------- ---X---- ------- FIPS 81, Data Encryption Standard ( Modes of Operation ------- ---X---- ------- FIPS 83, Guideline on User Authenti Techniques for Computer Networ ------- ---X---- ------- FIPS 87, Guidelines for ADP Contingency Planning -------- --X----- ------- FIPS 92, Guidelines for Standard Occupat Classification (SOC)Codes ------- ---X---- ------- FIPS 95-1, Codes for the Identifica of Federal and Federally-Assis Organizations ------- ---X---- ------- FIPS 100-1, Interface between Data Terminal Equipment (DTE) and D Circuit-Terminating Equipment for Operation with Packet-Swit Data Networks (PSDN) or Betwee Dedicated Circuit -------- --X----- ------- FIPS 101, Guideline for Lifecycle Validation, Verification, and Computer Software -------- --X----- ------- FIPS 102, Guideline for Computer Securit Certification and Accreditatio ------- ---X---- ------- FIPS 103, Codes for the Identificat of Hydrologic Units in the Uni States and the Caribbean Outly Areas ------- ---X---- ------- FIPS 106, Guideline on Software Mai ---X--- -------- ------- FIPS 112, Password Usage ------- ---X---- ------- FIPS 113, Computer Data Authenticat ------- ---X---- ------- FIPS 119, Ada ------- ---X---- ------- FIPS 120-1, Graphical Kernel System (GKS) ------- ---X---- ------- FIPS 125, MUMPS Programming Languag ------- ---X---- ------- FIPS 127-2, Database Language SQL (End of Section) Page B-2 ------- ---X---- ------- FIPS 128-2, Computer Graphics Metaf (CGM) ------- ---X---- ------- FIPS 132, Guideline for Software Ve and Validation Plans ------- ---X---- ------- FIPS 137, Analog to Digital Convers of Voice by 2400 Bit/Second Li Predictive Coding ------- ---X---- ------- FIPS 138, Electrical Characteristic Balanced Voltage Digital Inter Circuits ------- ---X---- ------- FIPS 139, Interoperability and Secu Requirements for Use of the Da Encryption Standard in the Phy Layer of Data Communications ------- ---X---- ------- FIPS 140-1, Security Requirements f Crytographic Modules ------- ---X---- ------- FIPS 141, Interoperability and Secu Requirements for Use of the Da Encryption Standard with CCITT 3 Facsimile Equipment ------- ---X---- ------- FIPS 142, Electrical Characteristic Unbalanced Voltage Digital Int Circuits ------- ---X---- ------- FIPS 143, General Purpose 37-Positi and 9-Position Interface Betwe Terminal Equipment and Data Circuit-Terminating Equipment ------- ---X---- ------- FIPS 144, Data Communications Syste and Services-User Oriented Per Parameters ------- ---X---- ------- FIPS 146-2, Profiles for Open Syste Internetworking Technologies ( ------- ---X---- ------- FIPS 148, Procedures for Document Facsimile Transmission ------- ---X---- ------- FIPS 150, Facsimile Coding Schemes Coding Control Functions for G Facsimile Apparatus ------- ---X---- ------- FIPS 151-2, Portable Operating Syst interface (POXIS) - System App cation Interface (C Language) (End of Section) Page B-2 ------- ---X---- ------- FIPS 153-1, Programmer's Hierarchic Interactive Graphics System (P ------- ---X---- ------- FIPS 154, High Speed 25-position fo Data Terminal Equipment and Da Circuit-terminating Equipment ------- ---X---- ------- FIPS 155, Data Communication System and Services User-oriented Per Measurement Methods ------- ---X---- ------- FIPS 160, C ------- ---X---- ------- FIPS 161-2, Electronic Data Inter- change (EDI) ------- ---X---- ------- FIPS 162, 1,200 Bits per Second Two-Wire for Data Communicatio on Telephone-Type Circuits ------- ---X---- ------- FIPS 163, 2,400 Bits per Second Two-Wire Duplex Modems for Dat Communications use on Telephon Circuits ------- ---X---- ------- FIPS 164, 2,400 Bits per Second Two-Wire Half-Duplex Modems fo Communications use on Telephon Circuits ------- ---X---- ------- FIPS 165, 4,800 and 9,600 Bits per Second Four-Wire Duplex and Tw Half-Duplex Modems for Data Communications use on Telephon Type Circuits ------- ---X---- ------- FIPS 166, 4,800 Bits per Second Two-Wire Duplex Modems for Dat Communications use on Telephon Circuits ------- ---X---- ------- FIPS 167, 9600 Bits per Second Two- Duplex Modems for Data Communi use on Telephone-Type Circuits ------- ---X---- ------- FIPS 168, 12,000 and l4,000 Bits pe Second Four-Wire Duples Modems Data Communications use on Telephone-Type Circuits ------- ---X---- ------- FIPS 169, Error Corrections in Mode Employing Asynchronous-To-Sync Conversion (End of Section) Page B-2 ------- ---X---- ------- FIPS 170, Data Compression in Modem Employing CCITT Recommendation Error Corrections ------- ---X---- ------- FIPS 171, Key Management Using ANSI X9.17 ------- ---X---- ------- FIPS 172-1, VHSIC Hardware Descript Language (VHDL) ------- ---X---- ------- FIPS 173-1, Spatial Data Transfer Standard (SDTS) ------- ---X---- ------- FIPS 175, Federal Building Standard Telecommunications Pathways an ------- ---X---- ------- FIPS 176, Residential and Light Commercial Telecommunications Standard ------- ---X---- ------- FIPS 177-1, Initial Graphical Excha Standard (IGES) ------- ---X---- ------- FIPS 178, Video Teleconferencing Services at 56 to l.920 KBP/S ------- ---X---- ------- FIPS 179-1, Government Network Mana Profile (GNMP) ------- ---X---- ------- FIPS 180-1, Secure Hash Standard (S ------- ---X---- ------- FIPS 181, Automated Password Genera ------- ---X---- ------- FIPS 182, Integrated Services Digit Network (ISDN) ------- ---X---- ------- FIPS 183, Integration Definition fo Function Modeling (IDEFO) ------- ---X---- ------- FIPS 184, Integration Definition fo Information Modeling (IDEFIX) ------- ---X---- ------- FIPS 185, Escrowed Encryption Stand ------- ---X---- ------- FIPS 186, Digital Signature Standar ------- ---X---- ------- FIPS 187, Administration Standard f Telecommunications Infastructu Federal Buildings ------- ---X---- ------- FIPS 188, Standard Security Label f Information Transfer ------- ---X---- ------- FIPS 189, Portable Operating System (End of Section) Page B-2 Interface (POSIX) Part 2: Shel Utilities ------- ---X---- ------- FIPS 190, Guideline for the Use of Advanced Authentication Techno Alternatives ------- ---X---- ------- FIPS 191, Guideline for the Analysi Local Area Network Security ------- ---X---- ------- FIPS 192, Application Profile for t Government Information Locator (GILS) ------- ---X---- ------- FIPS 192-1 (a) & (b), Applicatioin the Government Information Loc (GILS) ------- ---X---- ------- FIPS 193, SQL Environments ------- ---X---- ------- FIPS 194, Open Document Architectur Raster Document Application Pr ------- ---X---- ------- FIPS 195, Federal Building Groundin Bonding Requirements for Telecommunications ------- ---X---- ------- FIPS 196, Entity Authentication Usi Key Cryptography --------------------------------------------- FEDERAL TELECOMMUNICATIONS STANDARDS (FED-STD) ---------------------------------------------- ------- ---X---- ------- FED-STD 1002A, Telecommunications: Time and Frequency References Informatio in Telecommunication Systems ------- ---X---- ------- FED-STD 1016, Telecommunications: Analog to Digital Conversion of Rad Voice by 4,800 Bit/second Code Exci Linear Prediction (CELP) ------- ---X---- ------- FED-STD 1023, Telecommunications: Interoperability Requirements for Encrypted Digitized Voice Utilized with 25 KHz Channel FM Radios Operating Above 30 MHZ ------- ---X---- ------- FED-STD 1035A, Telecommunications: Coding Modulations and Transmission Requirements for Single Channel Med and High Frequency Radio Telegraph (End of Section) Page B-2 Systems Used In Government ------- ---X---- ------- FED-STD 1037B, Telecommunications: Glossary of Telecommunications Term ------- ---X---- ------- FED-STD 1045A, Telecommunications HF Radio Automatic Link Establishments ------- ---X---- ------- FED-STD 1046/1, Telecommunications: HF Radio Automatic Networking Section l: Basic Networking-ALE Controller ------- ---X---- ------- FED-STD 1049/l, Telecommunications: HF Radio Automatic Link Establishme in Stressed Environments, Section l Linking Protection 1 310-1 REPRESENTATION AUTHORITY (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. (End of Section) Page B-2 1 310-10 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (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 $_________ (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 (End of Section) Page B-2 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: 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 __________ (End of Section) Page B-2 1 310-16 POST EMPLOYMENT CONFLICT OF INTEREST (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. 2 310-6 DUPLICATION OF COST (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. 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 in subdivision (b)(2)(i) of this provisione have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) (End of Section) Page B-2 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) Page B-2 1 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. "Common parent," as used in this 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. "Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, 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) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) 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 United States and does not have an office or place of business or a fiscal paying agent in the United States; /_/ Offeror is an agency or instrumentality of a foreign government; /_/ Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. /_/ Sole proprietorship; /_/ Partnership; /_/ Corporate entity (not tax-exempt); /_/ Corporate entity (tax-exempt); /_/ Government entity (Federal, State, or local); /_/ Foreign government; /_/ International organization per 26 CFR 1.6049-4; /_/ Other_____________________________. (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) 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 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 1998) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services. (b) 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, if located within the United States, 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. (c) 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.dnb.com/. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.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 against them for: commission of fraud or a criminal offense in (End of Section) Page B-2 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) Page B-2 1 52.215-4 {52.215-4} [RESERVED] [RESERVED] 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 (OCT 1998) (a)(1) The standard industrial classification (SIC) code for this acquisition is 8999 (2) The small business size standard is $5 million (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 paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it /_ / is, /_ / is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) (Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it /_ / is, /_ / is not a women-owned small business concern. (c) Definitions. "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. "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 (End of Section) Page B-2 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) 1 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1998) (a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation. (b) Representations. (1) General. The offeror represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either-- /_/ (i) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and (A) No material change in disadvantaged ownership and control has occurred since its certification; (B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (C) It is listed, on the date of this representation, on the register of small disadvantaged business concerns maintained by the Small Business Administration; or /_/ (ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (2) /_/ For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of (End of Section) Page B-2 this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:_______.] (c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall-- (1) Be punished by imposition of a fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Small Business Act. (End of provision) 1 52.219-23 NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS (OCT 1998) (a) Definitions. As used in this clause-- "Small disadvantaged business concern" means an offeror that represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either-- (1) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and (i) No material change in disadvantaged ownership and control has occurred since its certification; (ii) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (iii) It is listed, on the date of its representation, on the register of small disadvantaged business concerns maintained by the Small Business Administration; (2) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. In this case, in order to receive the benefit of a price evaluation adjustment, an offeror must receive certification as a small disadvantaged business concern by the Small Business Administration prior to contract award; or (3) Is a joint venture as defined in 13 CFR 124.1002(f). "Historically black college or university" means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986. "Minority institution" means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)) which, for purposes of this clause, includes a (End of Section) Page B-2 Hispanic-serving institution of higher education as defined in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)). "United States" means the United States, its territories and possessions, the Commonwealth of Puerto Rico, the U.S. Trust Territory of the Pacific Islands, and the District of Columbia. (b) Evaluation adjustment. (1) Offers will be evaluated by adding a factor of 10 (ten) percent to the price of all offers, except-- (i) Offers from small disadvantaged business concerns that have not waived the adjustment; (ii) For DOD, NASA, and Coast Guard acquisitions, otherwise successful offers from historically black colleges or universities or minority institutions; (iii) Otherwise successful offers of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is equaled or exceeded (see section 25.402 of the Federal Acquisition Regulation (FAR)); (iv) Otherwise successful offers where application of the factor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government; and (v) For DOD acquisitions, otherwise successful offers of qualifying country end products (see sections 225.000-70 and 252.225-7001 of the Defense FAR Supplement). (2) The factor shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. The factor may not be applied if using the adjustment would cause the contract award to be made at a price that exceeds the fair market price by more than the factor in paragraph (b)(1) of this clause. (c) Waiver of evaluation adjustment. A small disadvantaged business concern may elect to waive the adjustment, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply to offers that waive the adjustment. ____ Offeror elects to waive the adjustment. (d) Agreements. (1) A small disadvantaged business concern, that did not waive the adjustment, agrees that in performance of the contract, in the case of a contract for-- (i) Services, except construction, at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern; (ii) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern; (iii) General construction, at least 15 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern; or (iv) Construction by special trade contractors, at least 25 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern. (2) A small disadvantaged business concern submitting an offer in its own name agrees to furnish in performing this contract only end items manufactured or produced by small disadvantaged business concerns in the United States. This paragraph does not apply in connection with construction or service contracts. (End of Section) Page B-2 (End of clause) 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) 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 (End of Section) Page B-2 of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an ongoing drug-free awareness program to inform such employees about-- (i) The dangers of drug abuse in the workplace; (ii) The Contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; (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) 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) 2 307-1 ORDER OF PRECEDENCE (SOLICITATION) (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) Page B-2 1 311-1 TYPE OF CONTRACT (MARCH 1986) The Government contemplates award of a Firm-Fixed Price-Indefinite Delivery/Indefinite Quantity type contract from this solicitation. 2 311-2 GENERAL INSTRUCTIONS (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 4 copies of your technical proposal and an original and 3 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 Buidling, Rm. 3616 (Mail Stop 4443) 7th & D Streets, S.W. Washington, D.C. 20202 Hand-carried proposals must be delivered by entering through the 'D' Street entrance of the building and stopping at the Guard's Desk. Offerors are directed to call the Systems Support 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 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 (End of Section) Page B-2 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. 1 311-3 TECHNICAL PROPOSAL INSTRUCTIONS (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 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 (End of Section) Page B-2 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: __________ All offerors shall prepare a technical proposal covering all the tasks of b the Statement of Work. The offeror's technical proposal shall contain the following sections, numb I. Cover Page II. Abstract III. Table of Contents IV. Introduction and General Approach V. Detailed Work Plan VI. Quality Control Plan VII. Management Plan VIII. Experience of Project Personnel IX. Pertinent Corporate Experience X. References (if any) XI. Appendices (if any) Each section shall indicate the principal author(s) and his or her relation I. Cover Page The cover page shall clearly state the name, address, and telephone nu offeror. There should be no ambiguity as to which office is submitting the II. Abstract A one-page summary shall be provided abstracting the proposal contents activities, expected outcomes, etc.) in language comprehensible to an infor narrative should be limited to no more than 250 words.' III. Table of Contents The table of contents shall reference the pages where all major activi pages of the proposal should be consecutively numbered. (End of Section) Page B-2 IV. Introduction and General Approach The offeror shall indicate understanding of the purposes, objectives, Statement of Work. Offerors shall describe plans for meeting the objective Work, discuss problems anticipated, and recommend solutions to those proble expected to show creativity and ingenuity in devising an economical approac this contract work and are encouraged to propose innovative ways of accomplishin tasks in this Statement of Work, including the use of new technologies or e V. Detailed Work Plan The offeror shall describe in detail how each of the tasks identified performed Offerors are expected to propose efficient and effective methods tasks and meeting the contract performance standards. Specifications shall the work will be conducted, not merely general approaches and strategies. specific with regard to each task and shall include steps by which the offe the tasks. The offeror shall present a complete and careful plan for installing t equipment and other equipment necessary to perform the work of this contrac document the offeror's understanding of the information and the management necessary to ensure continuos operation of the Federal Student Aid Informat Debt Collection Service Information Center. The offeror shall be able to d to provide prompt and effective resolution to any problems that may arise. The offeror shall describe how all of the requirements of Phase A will date of award to April 1, 1999. With regard to the Statement of Work, the offeror shall present a plan Collection Service controlled and non-controlled correspondence that convin method for attaining the required level of performance. The plan shall als offeror will ensure that the other quality standards and the time requireme met. The offeror shall relate the work plan for each task to the quality sp time standards outlined in the Statement of Work. If the offeror proposes more stringent than those required by ED, the pan shall relate to the propo More stringent standards proposed by the offeror shall replace those requir and shall become the enforceable contract standards.) Offeror shall docum requirements of the GPO Style Manual and other style guidelines that ED wil from time to time. VI. Quality Control Plan The offeror shall propose procedures that will be employed to assure a in performance of contract specifications. The offeror shall include measu contract tasks in the quality control procedures. The offeror is encourage that exceed those required by ED in the Statement of Work. The offeror sha comprehensive quality control plan that encompasses the spectrum of activit (End of Section) Page B-2 required in this RFP (implicitly and explicitly). To ensure the highest le each activity, each offeror is required to identify critical areas of considerat activities associated with each of these areas. Controls shall be established that will readily permit identification perceived problem areas, and will ensure the reliability, accuracy, quality containment of contract activities. The quality control plan shall include mechanism for each critical area. VII. Management Plan The offeror shall describe a detailed plan for managing work as descri work plan. An organizational chart shall be provided that indicates all pr proposed lines of authority, communication, and coordination among the offe consultants, and ED staff (especially the ED project officer and the ED con offeror shall present a time chart that specifies the amount of time (in pe member and each consultant is committed to the project and to completing ea The offeror shall describe in detail supervisory controls giving a cle relationships among personnel, resource utilization, time scheduling, and s Offeror's plans shall contain a method for ensuring the timely and successful complet The offeror shall describe facilities for performing all the contract ensuring confidentiality and security of contract information. The proposal shall include a "master" or composite time frame chart wh detailed complete listing of the project's activities, including all signif individual schedules for completion of responsibilities for each of the tas statement. The contractor's performance measurement system will accomplish the fo objectives: (1) Identify problem areas by order of importance; (2) Anticipate schedule slippage and cost overruns or underruns; (3) Provide a means of determining where program managers can withdra assist with more critical tasks. VIII. Experience of Project Personnel The offeror shall provide evidence that staff will have the knowledge, capabilities necessary to perform successfully the tasks described in the S Key personnel with major responsibilities shall be listed by name, tit background, relevant recent and past experience, responsibilities within th time committed to the project, and the extent to which this commitment is a commitment to the project shall be included for key personnel not currently payroll. Similar identification shall be provided only for consultants who on the project. Letters from those persons indicating what tasks commitments also be included. (End of Section) Page B-2 Vitae for all key personnel, including consultants, shall be appended Each vitae shall be limited to no more than three pages and shall emphasize relevant to the contract work. For staff positions, including consultants, for whom selections are un offeror submits a proposal, the offeror shall include complete position des the duties involved, the qualifications required, and the selection criteri IX. Pertinent Corporate Experience The offeror shall describe pertinent experience in past or current pro student financial assistance, including Federal student loan debt collectio shall also describe pertinent experience in past or current projects relate service center such as the one required under this solicitation. The offer summaries of these projects of no more than one to two pages each. These s include the name and telephone number of each current or former client. L.4A ORGANIZATION OF BUSINESS PROPOSAL The offerors 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 Provis article entitled "Contract Administrator", and "Representations, Certificat 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 must stipulate that it is predicated upon all the terms and conditions of t B. A separate business (cost) proposal is required. A form 1448, PROPOSA COVER SHEET (Cost or Pricing Data Not Required) has been attached along with TABLE 15-3, INSTRUCTIONS FOR SUBMISSION OF INFORMATION OTHER THAN COST OR PRICING DATA. The contracting officer requires that your business proposal should contain enough information for a cost realism determination to be made. Note that Table-15-3, paragraph A states that "I adequate price competition is expected, the information may include cost or information necessary to determine the cost realism and adequacy of the off proposal, e.g., information adequate to validate that the proposed costs ar with the technical proposal, or cost breakdowns to help identify unrealisti proposals." The contracting officer also reserves the right to require cer pricing data if the contracting officer subsequently determines that none o under FAR 15.804-1 apply and that the contract amount exceeds the threshold 15.804-2 (a) (1). Offerors are expected to use their best business judgement in submitting th information. The contracting officer can reject an offeror's proposal if a realism determination is made, or if proposed prices are found to NOT be re At 15.801, the Federal Acquisition Regulation says "cost realism means the offeror's proposal are (a) realistic for the work to be performed; (b) refl understanding of the requirements; and (c ) are consistent with the various the offeror's technical proposal." (End of Section) Page B-2 The "information other than cost or pricing data" in the business proposal acquisition should consist of three major portions: (1) the Pricing Schedul Award (Base) Year and Option Years I, II, III, and IV, (2) the completed St 1448, and (3) the backup schedules and narrative materials which show cumul costs from which the amounts in the Pricing Schedule are derived. 1. Completion of Pricing Schedules The Monthly Volume ranges offered on the following Pricing Schedules are firm fixed-price prices for each of the tasks for which prices are requested. The offeror shall multiply the unit price by t average monthly evaluation quantities given in the PRICING GRID attached to the solicitation for the base year and for each option year. The volumes indicated in the Schedules are for evaluation purposes only, and are estimates of level of efforts required for work under the contract. Offerors shall submit the PRICING GRID on diskette in Microsoft Excel release 5.0 or compatible spreadsheet. A blank copy of the spreadsheet is attached to the solicitation. An electronic copy of this attachment is posted on the Education Department Internet site on the World Wide Web at ocfo.ed.gov/ under Contracts Info, under Docs on Line. 2. Supporting Materials Each offeror shall provide supporting cost and pricing data for each unit shown in the PRICING GRID for the Base Period and all Option Years I through IV. Each offeror shall submit detailed worksheets showing the derivation of each unit price. These worksheets should include the breakdown of all direct costs, all indirect c and fee. Finally, the total estimated cost shown by each offeror on the supporting material for each award year should agree with its total evaluation price shown on the pricing schedule for that award period. C. Property and Equipment - Offerors are strongly urged NOT to propose dir for property and equipment purchases. It is ED policy that contractors pro equipment and facilities necessary for performance of contracts; however, i instances, an exception may be granted to furnish Government-owned property authorize purchase with contract funds. If additional equipment must be ac you must include in your proposal the description and estimated cost of eac and whether you propose to acquire the item with your own funds. The description shall include the following elements for individual items w exceed $1,000 in cost: (1) A brief statement of function; (2) manufacturer and manufacturer's brand name, model or part number; (End of Section) Page B-2 (3) vendor and its proposed price. You must identify all Government-owned property in your possession and all acquired from Federal funds, to which you have title, that is proposed to b performance of the prospective contract. D. Other Administrative Details (1) The proposal shall list the names and telephone numbers of persons to conduct negotiations. (2) Block 12 of Standard Form 33 must contain a Statement to the effec offer is firm for a period of at least 180 calendar days from the date offers specified by the Government. E. Responsibility of Prospective Contractor - In order for an offeror to r the contracting officer must first make an affirmative determination that t contractor is responsible in accordance with the provisions of FAR 9.104. sufficient categorical descriptions and statements to establish the followi (1) The offeror's financial capability including detail for the accoun and controls employed by the offeror; (2) the offeror's capability to meet delivery or performance schedules (3) the offeror's record of business integrity; (4) the offeror's possession of necessary organizational experience, t skills or the ability to obtain them; (5) the offeror's possession of necessary facilities; or the ability t (6) the offeror's compliance with subcontract requirements; and (7) 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. L.4B PRICING CLAUSES FOR PROPOSALS (Note: The intent of these pricing clauses is to prevent offers from being submitted where prices, discounts or credits are used individually or in combination to create artificial boundaries or "windows" (based on the evaluated level of effort or quantities) which could result in unrealistically low evaluated costs within these "windows" while actual unit prices during contract performance would be higher than the evaluated unit prices.) All proposed unit prices shall be complete charges, inclusive of all direct and indirect costs, discounts, and fees. Pricing may not (End of Section) Page B-2 be tied to an economic price indicator or to inflation. Each year's pricing plan must contain discrete fixed prices and must conform to the pricing clauses contained herein: 1. The unit prices of any specific element for which there is a specific charge cannot increase as the level of effort or quantity of services or supplies delivered increases. (Except for overtime as defined in the incorporated contract clause FAR 52-222-4 entitled "Contract Work Hours and Safety Standards Act - Overtime" which may be invoiced at no greater than 1.5 times the base labor rate) 2. The percentage (%) of discount or credit cannot change as the level of effort or quantity of services/supplies increases or decreases. 3. The price of one element cannot be tied to the level of effort or quantity of services or supplies delivered of another element. 4. Any discounts, credits or discount levels earned or achieved by the Government cannot be lost (except for any billing errors which must be reviewed and processed on a case-by-case basis). L.4C DISPOSITION OF PROPOSALS After a Contractor has been selected, unsuccessful proposals will be disposed of as follows: One copy of each proposal will be retained by the issuing office and the remainder will be destroyed. No destruction certificate will be issued. 1 311-5 FORMS CLEARANCE PROCESS (MARCH 1986) Reference is made to the General Provision entitled "Paperwork Reduction Act." If the contractor has proposed the use of any plan, questionnaire, interview guide or other similar device which calls either for answers to identical questions from ten or more persons other than Federal employees or information from Federal employees which is outside the scope of their employment, any of which is to be used by the Federal Government or disclosed to third parties, clearances from the Deputy Under Secretary for Management or his/her delegate within the Department of Education and the Office of Management and Budget shall first be obtained. Those should be expected to take at least 120 days together. Offerors' proposals shall accordingly reflect that 120 day period in proposal timelines if the Paperwork Reduction Act is applicable. (End of Section) Page B-2 1 311-6 CLARIFICATION QUESTIONS (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: U.S. Department of Education ROB-3, Room 3624/MS 4446 7th & D Streets, SW Washington, DC 20202-4446 Attn: JoAnn Lane Phone: 202/260-6219 FAX: 202/708-9964 e-mail: joann_lane@ed.gov ED will accept clarification questions until November 20, 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 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. 2 311-7 PROVISION FOR EVALUATION FACTOR AMENDMENTS (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 forth in that section shall be used in the evaluation of the technical proposals. 3 314-1 PAST PERFORMANCE REPORT (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, the offeror may substitute 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 (End of Section) Page B-2 used. Include the following information for each contract and subcontract: 1. Identification a. Name of the contracting activity b. Program title or product name c. Contract number d. Contract type e. Period of performance, including all option periods f. Contract Value: (1) Initial projected total contract amount including all option periods (2) Final or current projected total contract amount including all option periods g. Points of Contact (1) Contracting officer and telephone and fax number and e-mail address (if known) (2) Administrative contracting officer, if different from above, and telephone and fax number and e-mail address (if known) (3) Program manager, COTR or technical officer and telephone and fax number and e-mail address (if known) 2. Work performed and relevance a. Brief synopsis of work performed b. Brief discussion of how the work performed is relevant to the statement of work in this solicitation 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. (End of Section) Page B-2 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 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 identified by the offeror may be contacted by the Government with the information received in the evaluation of the offeror's past performance. (End of Section) Page B-2 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, 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 (End of Section) Page B-2 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 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 (End of Section) Page B-2 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. (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 (End of Section) Page B-2 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 determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of 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 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 (End of Section) Page B-2 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 52.222-24 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) 3 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) 4 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 Cynthia Bond U.S. Department of Education ROB-3, Room 3624 7th & D Streets, SW Washington, DC 20202 202.708.9964 FAX (End of Section) Page B-2 (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) SECTION M: Award Evaluation Factors I. Detailed Work Plan (33 points) Comprehensiveness, clarity, practicality, and imagination shown in the plans for accomplishing each of the tasks described in the Statement of Wor Identification of performance standards which equal or exceed those re Statement of Work. Ability to use language skillfully, that is, the extent to which the p exemplary, not only in its underlying thought, but also in its organization (avoiding technical jargon and syntactical or other grammatical errors). T clearly indicate an understanding of the purposes, objectives, and products Work. The format shall be absent of typographical or proofreading errors. II. Experience of Project Personnel (24 points) Project Director must have 10 years knowledge and experience answering of highly technical questions regarding Federal student financial aid progr collection, or at least 5 years experience in a supervisory capacity in a f postsecondary institution. Ten years of similar experience may be substitu considered. Also must have at least 5 years supervisory experience managing a vari projects, some of which had simultaneous deadlines. Must be able to establ priorities, and direct a staff of at least 20 people. Experience in qualit monitoring is also required. Mid-level supervisors must have at least 4 years knowledge and experie wide variety of questions regarding Federal student financial aid programs, collection and student loan default management -- from the most basic to th questions, or at least 3 years work experience in a student financial aid o clerical position). Four years of similar experience may be substituted an Staff must be highly skilled in the use of the English language (both in order to (1) respond completely and accurately when answering telephone correspondence and (2) compose standard paragraphs or form letters (by dige collection and default management regulations/laws and incorporating that m Evidence of telephone operators' abilities to provide information in p writer/editors' fluency in translating from Spanish to English and from Eng and accurately (according to the standards in the Statement of Work). III. Management Plan (20 points) Adequacy of explicit management tools (for example, description of eff use of planning reports, making decisions and determining priorities) to en completion of project activities. (End of Section) Page B-2 Appropriateness of physical facilities and adequacy of special require confidentiality and security. Demonstrated organizational capability to complete work on schedule, t unforeseen workloads, on short notice, and to adjust to peak and valley wor telephone and mail answering tasks. Adequacy of proposed orientation training conducted by contracts ensur be knowledgeable and up to date on all SFAP programs and knowledgeable of t state laws and regulations governing ED's student loan debt collection and activities by April 1, 1999, start-up of Phase B. Adequacy of proposed con internal training updates. IV. Pertinent Corporate Experience (10 points) Previous experience supporting Federal student financial aid programs debt collection and default management activities, or like experience. His disseminating information to the public. History of success in previous pe disseminating Federal student financial aid, and ED debt collection/default information (includes length of time providing such a service and descripti ability to analyze complex SFAP and debt collection/default management prob public and illustrating its ability to communicate results in written and s experience. V. Quality Assurance (7 points) Adequacy of quality control system to assure maintaining tasks perform quality. Capability for identifying project problems, resolving, and elimi VI. General Approach (6 points) Broad understanding of disseminating complex technical Federal student debt collection and student loan default management information to the publ the offeror's examination of purposes, objectives, major issues, potential the project. 1 312-2 EVALUATION FACTORS FOR AWARD (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 (End of Section) Page B-2 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. 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." (End of Section) Page B-2 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 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. (C) Technical Evaluation Criteria: In accordance with the technical evaluation criteria, technical solutions that exceed any mandatory minimums will be given appropriate evaluation credit. (D) Business Proposal Evaluation Criteria: Although price will be a factor in the evaluation of offers, non cost factors (excellence of technical proposals and past performance) will be a more significant factor in making an award. However, to be selected for award, offers must be fairly and reasonably priced. For an offer to be considered for an award: * The Cost and Pricing Schedule must be complete and accurate. * The Business Proposal must be consistent with the Technical Proposal in terms of qualifications and experience of staff, support services capabilities, equipment, travel estimates, and other direct costs, if any. The Business Proposal (Cost) Evaluation will be based on: * Total system life costs derived by summing the total price for the base period, each option period and the optional features. (End of Section) Page B-2 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) Page B-2