Solicitation Snapshot File Issued10/13/99 PR:EDOERI-99-000672 Rating Solicitation TyRFP Issue ByCPOD Contracts and Purchasing Opr., Group D U.S. Dept. of Education, Rm 3616, ROB-3 Seventh and D Streets SW Washington, DC 20202-4447 Offer TCPOD Contracts and Purchasing Opr., Group D U.S. Dept. of Education, Rm 3616, ROB-3 Seventh and D Streets SW Washington, DC 20202-4447 Ship ToCPOSSG Contracts & Purchasing Operations U.S. Dept. of Education, Rm 3616, ROB-3 Seventh and D Streets SW Washington, DC 20202-4443 Delivery B03/31/00 Proposals Due11/29/99 Time:02:00 Copies:7 FOB Flag:Destination Set-aside FlaU: Set-aside Type Funds AvailableYes SAF:No Name: Lenox A. Coles, Jr. Phone:(202) 708-9771 Administered B U.S. Department of Education GSA Bldg, (ROB-3) Rm 3616 Seventh and D Streets SW Washington, D.C. 20202-4443 Payment Code:PAYOFF U.S. Department of Education Payment Management Services 400 Maryland Avenue SW Washington, DC 20202 ****************************** LINE ITEMS ****************************** Line Item Number Qty UI------------------------------------------- 0001 1.00 EA THIS DATA COLLECTION IS TO TRACK THE CRITICAL TRANSITION EXPERIENCED BY YOU Ship To: ERNBO Budget Officer ED/OERI National Ctr for Educ Statistics 555 New Jersey Ave., NW Room 400 Washington, DC 20208 Delivery Date: 03/31/00 FOB: Destination 1 301-4 ESTIMATED COST AND FIXED FEE (INCREMENTALLY FUNDED CONTRACTS)(FEBRUARY 1985) a) It is estimated that the total cost to the Government for full performance of this contract will be __________ of which the sum of __________ represents the estimated reimbursable costs and __________ represents the fixed-fee (if any). b) Sufficient funds are not presently available to cover the total estimated cost of this contract; however, this contract will follow the concepts of incremental funding described in FAR Clause 52.232-22, "Limitation of Funds". Total funds currently available for payment and allotted to this contract are __________ of which __________ represents the limitation for reimbursable costs and __________ represents the proration of fixed-fee (if any). c) If and when the contract is fully funded, as specified in paragraph (a) of this clause, the "Limitation of Cost" clause shall become applicable. d) The Contracting Officer may allot additional funds to the contract without the concurrence of the Contractor. 2 302-2 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. __________ 3 303-1 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 & Purchasing Operations ROB-3, Room 3616 7th & D Streets, S.W Washington, D.C 20202-4447 (c) Mark deliverables for: Ms. Lola Bland (End of Section) ED-99-R-0042 Page B-2 1 304-1a INSPECTION AND ACCEPTANCE (APRIL 1984) Pursuant to the inspection clause, Section I, final inspection and acceptance of all contracted items shall be made by the Contracting Officer. Inspection and acceptance will be performed at: U.S. Department of Education Contracts & Purchasing Operations ROB-3 - Room 3616 7th & D Streets, S.W. Washington, D.C. 20202-4447 2 305-2 REPORT OF CONSULTANTS (MARCH 1986) The contractor must maintain a written report for the files on the results of all consultations charged to this contract. This report must include, as a minimum: (1) the consultant's name, dates, hours and amount charged to the contract, (2) the names of the contractor or subcontractor staff to whom the services are provided, and (3) the results of the subject matter of the consultations. 3 305-5 PERIOD OF PERFORMANCE (MARCH 1986) Performance hereunder shall be completed within 60 months of the date of contract award, inclusive of all specified deliveries and/or task work. 4 305-6 DELIVERABLES (MARCH 1986) All deliverables shall be submitted in accordance with the kinds, quantities and dates indicated in the attached Statement of Work. 5 306-1 INVOICE AND CONTRACT FINANCING REQUEST SUBMISSION (MAY 1999) (A) The Government agrees to pay the Contractor as complete compensation for all work and services performed and materials furnished under this contract those allowable costs defined in the contract clause entitled "ALLOWABLE COST AND PAYMENT" in an amount not to exceed the estimated costs specified in the contract. (B) The contractor shall submit the original and one copy of the invoice or contract financing requests to the Designated Billing Office. __________ Note: Invoices or contract financing requests must be sent to the designated billing office indicated above. C) The Contractor shall prepare invoices and contract financing requests in accordance with the billing instructions attached hereto and made a part of this contract. (End of Section) ED-99-R-0042 Page B-2 1 306-2 ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY (JANUARY 1989) (A) The contractor shall request written authorization from the contracting officer before acquiring any contractually necessary property to which the Government will have title. The request shall include complete descriptions of all individual items which will exceed $1,000 in cost, including: (a) a brief statement of function; (b) manufacturer and manufacturer's brand name, model or part number; (c) vendor and its proposed price; (B) Management of government property in the possession of the contractor shall be in accordance with FAR Part 45. The contractor shall provide an annual report of total property acquisition cost, as required by FAR 45.505-14. 2 306-8 CONTRACT ADMINISTRATOR (FEB 1985) The Contractor shall designate one individual to be contacted during the period of the contract for prompt contract administration. __________ 3 306-9 PROVISIONAL AND NEGOTIATED FINAL OVERHEAD RATES (OCTOBER 1993) (a) Pending the establishment of final indirect cost rates, as required by the clause entitled "Allowable Cost and Payment" FAR 52.216-7, the Contractor shall be reimbursed for its indirect costs on the basis of the negotiated provisional, or billing, rates as set forth below. Those rates shall remain in effect until the contract is modified to incorporate either negotiated final indirect rates, as directed by either paragraph (d) or (f) of the same clause, as applicable, or revised provisional indirect cost rates, as explained in paragraph (e). (b) The provisional overhead rate(s) applicable to this contract: __________ 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 (End of Section) ED-99-R-0042 Page B-2 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. 1 307-12 CONSENT TO SUBCONTRACT (AUGUST 1998) Consent is hereby given to the contractor to subcontract with __________ in the amount stated in its final proposal revision. 2 307-13 INFORMATION TECHNOLOGY SYSTEM SECURITY REQUIREMENTS (APRIL 1999) The Contractor and its subcontractors shall comply with the Information Technology System Security requirements set forth in: A. The Statement of Work of this contract; B. The Privacy Act of 1974 (P.L. 93-579, U.S.C. 552a); C. The U.S. Department of Education, Information Technology Security Manual, Handbook Number 6; and D. The U.S. Department of Education, Personnel Security - Suitability Program, Handbook Number 11. The Contractor may arrange to review copies of the above referenced documents by contacting the Contract Specialist at telephone number 202-401-3538. The Contractor shall include this provision in any subcontract(s) awarded pursuant to this contract. 3 307-17 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 (End of Section) ED-99-R-0042 Page B-2 consultant agreement hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph (D). 1 307-19 REDACTED PROPOSALS (DECEMBER 1998) The contractor shall provide a redacted copy of its successful technical proposal to the Contracting Officer within five (5) days after contract award. The redacted proposal shall be suitable for release by the Government under a Freedom of Information Act (FOIA) request. The redacted proposal shall be submitted in an electronic format that is readable by Microsoft Office applications. 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: __________ 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. 4 307-31 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. (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. (End of Section) ED-99-R-0042 Page B-2 (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. 1 307-5 PAYMENT OF TRAVEL EXPENSES AND FEES FOR ED EMPLOYEES (MARCH 1985) The Contractor shall not use any contract funds, or funds from other sources, to pay the travel expenses of, or a fee to, ED employees for lectures, attending program functions, or any other activities in connection with this contract. 2 307-7a 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) ED-99-R-0042 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. 2 308-2 RESEARCH ACTIVITIES INVOLVING HUMAN SUBJECTS (March 1999) (a) Any research activities under this contract involving human subjects are governed by Department of Education (ED) regulations for the protection of human subjects in research, Title 34, Code of Federal Regulations, Part 97. Part 97 requires the contractor, subcontractors and any other entities involved in covered research activities to establish and maintain procedures for the protection of human subjects. The definitions in 34 CFR 97.102 apply to this clause. As used in this clause, "covered research" means research involving human subjects that is not exempt under 34 CFR 97.101(b) and 34 CFR 97.401(b). The requirements at Part 97 apply to all entities involved in covered research under this contract. The requirements of this clause apply to the Contractor, regardless of which entity performs the covered research. The contractor shall comply with Part 97 and shall ensure that each entity involved in covered research activities complies with Part 97. (b) The Contractor agrees that the rights and welfare of human subjects involved in research under this contract shall be protected in accordance with 34 CFR Part 97 and with the Contractor's current Assurance of Compliance on file with ED or the Office for Protection from Research Risks, Department of Health and Human Services. (c) Under no condition shall the Contractor conduct, or allow to be conducted, any covered research activity involving human subjects prior to the Department's receipt of the Certification that the research has been reviewed and approved by the Institutional Review Board (IRB) [34 CFR 97.103(f)]. No covered research involving human subjects shall be initiated under this contract until the Contractor has provided the Contracting Officer (or the Contracting Officer's designee) a properly completed Certification form certifying IRB review and approval of the research activity, and the Contracting Officer or designee has received the Certification. This restriction applies to the activities of each participating entity. (d) In accordance with 34 CFR 97.109(e), an IRB must conduct continuing reviews of covered research activities at intervals appropriate to the degree of risk, but no less than once a year. (End of Section) ED-99-R-0042 Page B-2 Covered research activities that are expected to last one year or more are therefore subject to review by an IRB at least once a year. (1) For each covered activity under this contract that requires continuing review, the contractor shall submit an annual written representation to the Contracting Officer (or the Contracting Officer's designee) stating whether covered research activities have been reviewed and approved by an IRB within the previous 12 months. The contractor may use Optional Form 310 for this representation. For multi- institutional projects, the contractor shall provide this information on its behalf and on behalf of any other entity engaged in covered research activities for which continuing IRB reviews are required. (2) If the IRB disapproves, suspends, terminates or requires modification of any covered research activities under this contract, the Contractor shall immediately notify the Contracting Officer in writing of the IRB's action. (e) The Contractor shall bear full responsibility for performing as safely as is feasible all activities under this contract involving the use of human subjects and for complying with all applicable regulations and requirements concerning human subjects. No one (neither the Contractor, nor any subcontractor, agent or employee of the Contractor, nor any other person or organization, institution, or group of any kind whatsoever) involved in the performance of such activities shall be deemed to constitute an agent or employee of the Department or Education or of the Federal Government with respect to such activities. The Contractor agrees to discharge its obligations, duties, and undertakings and the work pursuant thereto, whether requiring professional judgement or otherwise, as an independent Contractor without imputing liability on the part of the Government for the acts of the Contractor and its employees. (f) Upon discovery of any noncompliance with any of the requirements or standards stated in paragraphs (b), (c) and (d) above, the Contractor shall immediately correct the deficiency. If at any time during performance of this contract, the Contracting Officer determines, in consultation with the Protection of Human Subjects Coordinator, Office of the Chief Financial and Chief Information Officer, or the sponsoring office, that the Contractor is not in compliance with any of the requirements or standards stated in paragraphs (b), (c) and (d) above, the Contracting Officer may immediately suspend, in whole or in part, work and further payments under this contract until the Contractor corrects such noncompliance. Notice of the suspension may be communicated by telephone and confirmed in writing. (g) The Government may terminate this contract, in full or in part, for failure to fully comply with any regulation or requirement related to human subjects involved in research. Such termination may be in lieu of or in addition to suspension of work or payment. Nothing herein shall be construed to limit the Government's right (End of Section) ED-99-R-0042 Page B-2 to terminate the contract for failure to fully comply with such requirements. (End of clause) 1 316-1 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 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-- (End of Section) ED-99-R-0042 Page B-2 (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) ED-99-R-0042 Page B-2 1 317-1 ACCOMMODATION/ACCESSIBILITY FOR THE DISABLED (APRIL 1996) The acquisition and management of Federal Information Processing (FIP) resources shall be conducted in a manner that ensures access to computer and telecommunications products and services by all individuals, both federal employees and the public sector, including individuals with disabilities. The acquisition, management and utilization of FIP resources are subject to the computer accomodation and information accessibility for individuals with disabilities contained in P.L. 99-506 Reauthorization of the Rehabilitation Act of 1973, Section 508 - Electronic Equipment Accessibility, October 1986; and P.L. 100-542 Telecommunications Accessibility Enhancement Act, October 1988. FIP resources required under this contract include computer accommodation and information accessibility where the goal is to ensure full access, integration, and continuity of support to all individuals, including individuals with disabilities. "Computer accommodation" means the acquisition or modification of FIP resources to minimize the functional limitations of individuals with disabilities so as to promote productivity and provide access to work- related or public information resources. "Individuals with disabilities" are individuals with limitations of vision, hearing, speech and/or mobility. The contractor shall ensure that FIP resources are equally provided to all individuals, including individuals with disabilities, guidelines. 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 within 60 days of 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 120 months __________ __________ H.15 Notification of Quality Assurance Plan This contract incorporates a Quality Assurance Plan that addresses Contractor performance. This plan can be found at Attachment B. 3 301-9 SECTION 8(a) DIRECT AWARDS {52.219-70} (AUGUST 1998) (Reference) (End of Section) ED-99-R-0042 Page B-2 1 307-14 COMPUTER SYSTEM DESIGN AND IMPLEMENTATION REQUIREMENTS (APRIL 1999) (Reference) 2 313-1 CERTIFICATION OF SUBCONTRACTING (AUGUST 1998) (Reference) 3 313-2 SUBCONTRACT APPROVAL (AUGUST 1998) (Reference) 4 313-3 COMPETITIVE BUSINESS MIX CERTIFICATION (APRIL 1995) (Reference) 5 3452.202-1 DEFINITIONS (AUG 1987) (Reference) 6 3452.216-70 ADDITIONAL COST PRINCIPLES (AUG 1987) (Reference) 7 3452.216-71 NEGOTIATED INDIRECT COST RATES - FIXED (AUGUST 1987) (Reference) 8 3452.227-71 PAPERWORK REDUCTION ACT (AUG 1987) (Reference) 9 3452.228-70 REQUIRED INSURANCE (AUG 1987) (Reference) 10 3452.237-71 SERVICES OF CONSULTANTS (AUG 1987) (Reference) 11 3452.242-70 LITIGATION AND CLAIMS (AUG 1987) (Reference) 12 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES (Reference) 13 3452.243-70 KEY PERSONNEL (AUG 1987) (Reference) 14 3452.247-70 FOREIGN TRAVEL (AUG 1987) (Reference) 15 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) (Reference 9.409) 16 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUNE 1999) (Reference) 17 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 1999) (Reference) (End of Section) ED-99-R-0042 Page B-2 1 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997) (Reference) 2 52.216-7 ALLOWABLE COST AND PAYMENT (APR 1998) (Reference) 3 52.216-8 FIXED FEE (MAR 1997) (Reference 16.307) 4 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 1999) (Reference) 5 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) (Reference) 6 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999) (Reference) 7 52.222-3 CONVICT LABOR (AUG 1996) (Reference 22.202) 8 52.222-26 EQUAL OPPORTUNITY (FEB 1999) (Reference) 9 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (Reference 22.1308) 10 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Reference) 11 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) (Reference) 12 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (AUG 1998) (Reference) 13 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) (Reference 27.202-2) 14 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (JUN 1987) (Reference 27.409) 15 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR 1996) (Reference 28.311-2) 16 52.230-2 COST ACCOUNTING STANDARDS (APR 1998) (Reference) 17 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (APR 1998) (Reference) (End of Section) ED-99-R-0042 Page B-2 1 52.230-5 COST ACCOUNTING STANDARDS--EDUCATIONAL INSTITUTION (APR 1998) (Reference) 2 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 1996) (Reference 30.201-4) 3 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984) (Reference 32.111) 4 52.232-20 LIMITATION OF COST (APR 1984) (Reference 32.705-2) 5 52.232-22 LIMITATION OF FUNDS (APR 1984) (Reference 32.705-2) 6 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (Reference 32.806) 7 52.232-25 PROMPT PAYMENT (JUN 1997) (Reference) 8 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL CONTRACTOR REGISTRATION (MAY 1999) (Reference) 9 52.233-1 I DISPUTES (DEC 1998)--ALTERNATE I (DEC 1991) (Reference) 10 52.233-3 I PROTEST AFTER AWARD (AUG 1996)--ALTERNATE I (JUN 1985) (Reference 33.106) 11 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984) (Reference 42.802) 12 52.242-15 I STOP-WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984) (Reference 42.1305) 13 52.243-2 II CHANGES--COST-REIMBURSEMENT (AUG 1987)--ALTERNATE II (APR 1984) (Reference 43.205) 14 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984) (Reference 46.305) 15 52.247-29 F.O.B. ORIGIN (JUN 1988) (Reference 47.303-1) 16 52.247-34 F.O.B. DESTINATION (NOV 1991) (Reference 47.303-6) 17 52.248-1 VALUE ENGINEERING (MAR 1989) (Reference 48.201) (End of Section) ED-99-R-0042 Page B-2 1 52.248-1 III VALUE ENGINEERING (MAR 1989)--ALTERNATE III (APR 1984) (Reference 48.201) 2 52.249-6 TERMINATION (COST-REIMBURSEMENT) (SEP 1996) (Reference 49.503) 3 52.249-14 EXCUSABLE DELAYS (APR 1984) (Reference 49.505) 4 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (Reference 52.107) 5 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) (Reference 53-111) 6 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. 7 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) 8 309-1a LIST OF ATTACHMENTS (APRIL 1984) Attachment A - Statement of Work Attachment B - Performance Incentive Plan Attachment C - NCES Security Procedures Attachment D - Contractor Performance Information Form. 9 310-1 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.) (End of Section) ED-99-R-0042 Page B-2 _________________________________ ____________________ (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. 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: ___________________________________________________________ (End of Section) ED-99-R-0042 Page B-2 (H) Date Company Organized: ___________________________________ (I) Manpower: Total Employees: __________________________________________ Direct: ___________________________________________________ Indirect: _________________________________________________ Standard Work Week (Hours): _______________________________ (J) Commercial Products: ______________________________________ ___________________________________________________________ (K) Attach a current organizational chart of the company. (L) Description of Contractor's system of estimating and accumulating costs under Government contracts. (Check appropriate blocks.) Estimated/ Standard Actual Cost Cost Estimating System Job Order ___________ ________ Process ___________ ________ Accumulating System Job Order ___________ ________ Process ___________ ________ Has your cost estimating system been approved by any Government agency? Yes __________ No __________ If yes, give name and location of agency: ________________ ____________________________________________________________ Has your cost accumulation system been approved by any Government agency? Yes __________ No __________ If yes, give name and address of agency: __________________ ____________________________________________________________ (M) What is your fiscal year period? (Give month-to-month dates): ____________________________________________________________ What were the indirect cost rates for your last completed fiscal year? Fiscal Indirect Basis Year Cost Rate Allocation Fringe Benefits _________ __________ Overhead _________ __________ G&A Expense _________ __________ Other _________ __________ (N) Have the proposed indirect cost rate(s) been evaluated and accepted by any Government agency? Yes _______ No_______ If yes, name and location of the Government agency: ______________________________________________________________ Date of last pre-award audit review by a Government agency: ________ (If the answer is no, data supporting the proposed rates must accompany the cost or price proposal. A breakdown of the items comprising overhead and G&A must be furnished.) (O) Cost estimating is performed by: Accounting Department: _________________________________ Contracting Department: _________________________________ Other (describe) ________________________________________ (P) Has system of control of Government property been approved by a Government agency? Yes __________ No __________ (End of Section) ED-99-R-0042 Page B-2 If yes, name and location of the Government agency: ___________________________________________________________ (Q) Purchasing Procedures: Are purchasing procedures written? Yes _______ No_______ Has your purchasing system been approved by a Government agency? Yes __________ No __________ If yes, name and location of the Government agency: ___________________________________________________________ (R) Does your firm have an established written incentive compensation or bonus plan? Yes __________ No __________ 1 310-16 POST EMPLOYMENT CONFLICT OF INTEREST (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. 3 310-9 APPROVAL OF ACCOUNTING SYSTEM (MARCH 1985) The offer [_] does, [_]does not, have an approved accounting system for purposes of cost reimbursement under this requirement. If so, specify the approving government audit agency or office and the date of approval. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ___________________________________________________________________ (Date) 4 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. (End of Section) ED-99-R-0042 Page B-2 (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) 1 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUNE 1999) (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, (End of Section) ED-99-R-0042 Page B-2 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.customerservice@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) 1 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) 2 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 1999) (a)(1) The standard industrial classification (SIC) code for this acquisition is 8732 (2) The small business size standard is $5.0m (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 the 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 the offeror represented itself as a small (End of Section) ED-99-R-0042 Page B-2 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. "Women-owned small business concern," as used in this provision, means a small business concern-- (1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 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 52.219-23 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 (End of Section) ED-99-R-0042 Page B-2 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 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 __________ 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. (End of Section) ED-99-R-0042 Page B-2 (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 clause) 1 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (a) "Segregated facilities," as used in this clause, 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, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees 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 Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. (End of clause) 2 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 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; (b) It /_/ has, /_/ has not, filed all required compliance reports; and (End of Section) ED-99-R-0042 Page B-2 (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) 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 52.223-6 DRUG-FREE WORKPLACE (JAN 1997) (a) Definitions. As used in this clause-- "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. "Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor. (b) The Contractor, if other than an individual, shall--within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a 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; (End of Section) ED-99-R-0042 Page B-2 (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) 1 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (APR 1998) Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III. Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), (End of Section) ED-99-R-0042 Page B-2 respectively. I. DISCLOSURE STATEMENT--COST ACCOUNTING PRACTICES AND CERTIFICATION (a) Any contract in excess of $500,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1. (b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data. (c) Check the appropriate box below: /_/ (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant Federal auditor. (Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.) Date of Disclosure Statement: ____________________________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: __________________________________________________________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement. /_/ (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows: Date of Disclosure Statement: ____________________________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: __________________________________________________________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement. /_/ (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $25 million (of which at least one award exceeded (End of Section) ED-99-R-0042 Page B-2 $1 million) in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. /_/ (4) Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement. CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $25 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded. II. COST ACCOUNTING STANDARDS--ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause. /_/ The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $25 million in awards of CAS-covered prime contracts and subcontracts, or the offeror did not receive a single CAS-covered award exceeding $1 million. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. CAUTION: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $25 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $25 million or more. III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts. /_/ YES /_/ NO (End of provision) (End of Section) ED-99-R-0042 Page B-2 1 307-1 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. 2 307-11 COST ACCOUNTING STANDARDS APPLICATION (JUNE 1992) The contract clause entitled "Cost Accounting Standards" shall apply to any resulting contract, except as exempted under Section 9903.201-1(b) of 48 CFR (CAS) Chapter 99 or when the contract is eligible for modified coverage under Section 9903.201-2(b) of the same Regulation. The clause entitled "Disclosure and Consistency of Cost Accounting Practices" shall apply in the latter case. 3 308-1 NOTICE ABOUT RESEARCH ACTIVITIES INVOLVING HUMAN SUBJECTS (MARCH 1999) (a) Applicable Regulations. Any research activities under this proposed contract involving human subjects are governed by Department of Education (ED) regulations for the protection of human subjects in research, Title 34, Code of Federal Regulations, Part 97 (hereafter, "the regulations"). The regulations require contractors and other entities involved in covered (nonexempt) research activities to establish and maintain procedures for the protection of human subjects. Copies of the regulations and related information on the protection of human research subjects are available on ED's Protection of Human Subjects in Research Web Site at and from the Department's Protection of Human Subjects Coordinator, at the address shown below. (b) Definitions. (1) The regulations define research as "a systematic investigation, including research development, testing and evaluation designed to develop or contribute to generalizable knowledge." (If an activity follows a deliberate plan whose purpose is to develop or contribute to generalizable knowledge, such as an exploratory study or the collection of data to test a hypothesis, it is research.) It includes activities that meet this definition, whether or not they are conducted under a program considered "research" for other purposes [34 CFR 97.102(d)]. (2) The regulations define human subject as "a living individual about whom an investigator (whether professional or student)conducting research obtains (End of Section) ED-99-R-0042 Page B-2 data through intervention or interaction with the individual or obtains identifiable private information" [34 CFR 97.102(f)(1)]. The definition of human subjects is met if an activity involves obtaining-- (A) information about a living person by-- (i) manipulating that person's environment, as might occur when a new instructional technique is tested, or (ii) communicating or interacting with the individual, as occurs with surveys and interviews; or (B) private information about a living person in such a way that the information can be linked to that individual (the identity of the subject is or may be readily determined by the investigator or associated with the information). [Private information includes information about behavior that occurs in a context in which an individual can reasonably expect that no observation or recording is taking place, and information which has been provided for specific purposes by an individual and which an individual can reasonably expect will not be made public (for example, a school health record).] (c) Exemptions. The regulations provide exemptions from coverage for activities in which the only involvement of human subjects will be in one or more of the categories set forth in 34 CFR 97.101(b)(1-6). However, if the research subjects are children, the exemption at 34 CFR 97.101(b)(2)(i.e., research involving use of educational tests, survey procedures, interview procedures or observation of public behavior) is modified by 34 CFR 97.401(b), as explained in paragraph (d) below. Many types of research conducted on behalf of ED's National Center for Education Statistics are exempt under 34 CFR 97.101(b)(3)(ii), since the National Education Statistics Act prohibits disclosure of any individually identifiable information. (d) Children as research subjects. Paragraph 34 CFR 97.402(a) of the regulations defines children as "persons who have not attained the legal age for consent to treatments or procedures involved in the research, under the applicable law of the jurisdiction in which the research will be conducted." Paragraph 34 CFR 97.401(b) of the regulations provides that, if the research involves children as subjects-- (1) The exemption at 34 CFR 97.101(b)(2) does not apply to activities involving-- (A) survey or interview procedures involving children as subjects, or (B) observations of public behavior of children in which the investigator(s) will participate in the activities being observed. (2) The exemption at 34 CFR 97.101(b)(2) continues to apply, unmodified by 34 CFR 97.401(b), to-- (A) educational tests, and (End of Section) ED-99-R-0042 Page B-2 (B) observations of public behavior in which the investigator(s) will not participate in the activities being observed. (e) Proposal Instructions. An offeror proposing to do research that involves human subjects must provide information to ED on the proposed exempt and nonexempt activities. The offeror should submit this information as an attachment to its technical proposal. No specific page limitation applies to this requirement, but the offeror should be brief and to the point. (1) For exempt research activities involving human subjects, the offeror should identify the exemption(s) that applies and provide sufficient information to allow ED to determine that the designated exemption(s) is appropriate. (2) For covered research activities involving human subjects (whether conducted at the offeror's site or elsewhere), the offeror should identify the organizations (i.e., legally separate entities) that will be involved in the research activities to allow ED to: (A) Determine the identity of the entities that need to submit Assurances and Certifications; (B) Evaluate the adequacy of the proposed Institutional Review Board(s) in light of the research subjects likely to be involved; and (C) Evaluate the appropriateness of the initial and continuing Institutional Review Board review procedures in consideration of the risks to subjects. (3) If a reasonable potential exists that a need to conduct research involving human subjects may be identified after award of the contract and the offeror's proposal contains no definite plans for such research: (A) The offeror should briefly describe the circumstances and nature of the potential research involving human subjects. (B) If the offeror believes that an exemption is likely to apply, the offeror should identify the exemption and explain why it would apply. (C) The offeror's proposal should allow adequate time to obtain and submit an Assurance of Compliance and a Certification of Institutional Review Board (IRB) review for any potential covered research that may be identified after award. Offerors are cautioned that no human subjects may be involved in covered research until the research has been reviewed and approved by the IRB and the contractor has submitted to ED an acceptable Assurance and a Certification of IRB review. (f) Assurances and Certifications. (1) For an offeror reasonably likely to receive an award, if ED determines that proposed research activities involving human subjects are covered (i.e., not exempt) under the regulations, the contracting officer will request the offeror to file an (End of Section) ED-99-R-0042 Page B-2 acceptable Assurance of Compliance with the regulations and provide Certification of IRB review and approval of the proposed project. In lieu of a new Assurance, ED will accept a current Multiple Project Assurance on file with the Office for Protection from Research Risks, Department of Health and Human Services, if ED determines that the Multiple Project Assurance is appropriate to the proposed covered research activity. Offerors reasonably likely to receive an award and proposing to do research that is covered by the regulations will be contacted by ED and given detailed instructions on filing the Assurances and Certifications. (2) In accordance with 34 CFR 97, all subcontractors and any other legally separate entity (neither owned nor operated by the offeror) that will be engaged in covered research activities shall be required to have an Assurance on file and to provide to ED Certification of IRB review and approval. (3) The offeror is responsible for ensuring that it and the other entities submit the required documents to ED in a timely manner. Although an offeror does not need to submit an Assurance of Compliance or a Certification of Institutional Review Board (IRB) review with its initial proposal, the offeror should be prepared to obtain and provide these documents promptly upon request. Failure to submit the documents in a timely manner may result in deferral of an award or award to another offeror. (g) Offerors may contact ED's Protection of Human Subjects Coordinator to obtain information about the regulations for the protection of human subjects and related policies and guidelines. Office of the Chief Financial and Chief Information Officer U.S. Department of Education Room 3652 7th and D Streets, SW Washington, D.C. 20202-4248 Attention: Protection of Human Subjects Coordinator Fax: (202) 205-0667 Phone: (202) 260-5353 1 311-1 TYPE OF CONTRACT (MARCH 1986) The Government contemplates award of a Cost Reimbursement type contract from this solicitation. (End of Section) ED-99-R-0042 Page B-2 1 311-2a GENERAL INSTRUCTIONS (APRIL 1999) 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 7 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 Contracts and Purchasing Operations GSA-NCR Building, Room 3616 7th & D Streets, S.W. Washington, D.C. 20202-4443 Hand-carried proposals must be delivered by entering through the 'D' Street entrance of the building and stopping at the Guard's Desk. Offerors are directed to call Contracts and Purchasing Operations at 708-8191 (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 Contracts and Purchasing Operations 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 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. (End of Section) ED-99-R-0042 Page B-2 The RFP does not commit the Government to pay any cost for the preparation and submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. The RFP and all of the attachments including the Statement of Work will be available on the OCFO Web Site from the Contract Information/Contract Documents On-Line Page. The Internet address is ocfo.ed.gov. For technical questions on the OCFO Web Site, call Gary Weaver at 202/401-0083. To assist you in the preparation of your proposal, the Government has estimated the effort to perform this contract. The estimated level of effort is 238,661 for professional & non-professional These numbers are furnished for the offeror's information only and are not considered restrictive for proposal purposes. 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, (End of Section) ED-99-R-0042 Page B-2 and the names and telephone numbers of the project officer and contracting/grants officer. The technical proposal must contain a discussion of present or proposed facilities and equipment which will be used in the performance of the contract. The technical proposal must be prepared and submitted in the following format: __________ Instructions for Proposal Development In addition to the proposal requirements specified in this RFP, the followi requirements also apply. The technical proposal must describe the offeror' plans to accomplish each task producing each deliverable. Cost figures are to be restricted to the business proposal. This will be an incrementally funded 60 month contract. Offerors shall prepare separate technical and cost proposals according to the specificatio provided in the RFP. 1.A. Organization of technical proposal The technical proposal shall contain the following sections: 1.A.l. Table of contents 1.A.2. Introduction - This section shall present the offeror's conceptualization of the purposes, products, and methodologies of the study This section should also include a short summary of the offeror's qualifica and strengths relevant to the study. 1.A.3. Work statement - The offeror shall organize by task and subtask descriptions of the work to be performed and the methods to be used. Each should be presented under separate heading with the same numerical designat and order as presented in Attachment J. This section should also include a discussion of anticipated problems and proposed means for overcoming them. In view of the Specificity with which this work statement outlines some of deliverables, it is expected that offerors may find more opportunity in som tasks than in others for conceptual, technical, and procedural innovation. Where deemed appropriate by the offeror, a proposal for a task or subtask m be a detailed amplification as to how the tasks or subtasks will be implem Any variations on the specifications for deliverables defined in this RFP m be accompanied by a technical and/or management rationale, and a separate r statement if the variation affects the cost of implementing the study. Alternative proposals will be adopted if overall performance would be improved and if they are in the best interests of the government. Alternat proposals that deviate from any requirements of this RFP shall be clearly identified (see section for alternate proposals). 1.A.4. Management, staffing, and scheduling - For effective and successful (End of Section) ED-99-R-0042 Page B-2 completion of this study, an effective management plan must be in effect wh enables the implementation of inter-related tasks on schedule and within pa of the best and final cost proposal. Proposals in response to this procure should demonstrate a clear understanding of the complexity of the tasks and an effective management system. Offerors shall list the key personnel prop their proposed responsibilities, percentage of time each is committed to th project, and other contractual obligations for each during the course of th award. An organizational chart shall be provided which indicates all personnel (key personnel should be so indicated), their time commitments to each task and the proposed lines of responsibility and authority, coordination, and communication within the offering organization and with subcontractors (if with consultants, and with NCES. Time commitments are to be expressed in p hours and shown in separate tables per task (and total) form as follows: Staff member Task 1 Task2 Task 3 …… Total In addition to the manpower loading table, the offeror should submit both a schedule for task activities and for the delivery of products, and charts (e.g., GANTT charts) showing activities plotted on a time scale. Given the importance that the government places on quality control, the contractor shall describe in detail the procedures that will be put in plac to guarantee the quality of all processes and deliverables. 1.A.5. Qualifications and availability of project personnel - For all exc clerical staff, 2-page. Resumes should be provided showing each person's professional background,including specializations and Degrees held, and rel professional experience. These resumes should also indicate reference cont (including addresses and phone numbers for both Federal and non-federal COT A chart shall also be submitted showing the major personnel's expertise an experience relevant to the study. Include only individuals who have a significant time commitment on relevant tasks. 1.A.6. Corporate experience - This section should describe the offeror's relevant past and current experience in conducting studies of a similar com nature. Brief summaries of such work should be submitted, including the n current affiliations,and current telephone numbers of project directors. A similar federal contracts should be included. (Overlap between those names included with project personnel is acceptable). I.B. Additional requirements 1.B.1. Staff qualifications The offeror shall provide staff who have technical expertise, knowledge, an (End of Section) ED-99-R-0042 Page B-2 experience in all areas related to this study. These areas include: educational research, cognitive test design and development, survey method complex statistics and sampling methodologies,imputation methodologies, the implementation of conversational CAT[/CAPI/CADE systems, the development of integrated software systems such as the IMS, secondary education, locating to trace samples of individuals, field data collection, and gaining coopera from school districts,schools, parents, and students. Key personnel assign this project must have successful experience in: 1) studies of the transiti within the education system; 2) studies of the effects of individual and co variables on education,occupation, and personal development; 3) studies rel minority concerns; and 4) studies of longitudinal data with many inter-related data sets. The project director (PD) shall have experience in managing and conducting scale surveys, preferably longitudinal surveys. The PD shall be a good pro solver,communicator, and team builder. The PD shall be capable of identify problems early or anticipating them before they occur. Because of the natu this project, the project director should either personally have or be clos assisted by someone who has expertise in the use of PC's and CATI/CAPI/CADE in collecting taking within secondary schools. If such a management team i proposed, there should be clear lines of authority and responsibility. Fur the offeror shall provide evidence that the management team has worked wel together in the past. The project director (together with the technical di if a management team approach is proposed) shall have full-time commitment project and be prepared to maintain this commitment over the critical stage the project. Other key staff shall be persons with a long range commitment to the projec The competencies of these persons should compliment those of the project di These individuals should be experienced in working as part of a project tea They shall be people with demonstrated ability to meet deadlines and produc quality products within budget. 1.B.2. Corporate experience The offeror should be able to show demonstrated ability to conduct studies level and complexity required by this contract. The corporation must posse functional expertise in the following areas: a. The design and use of national statistical samples of secondary educa schools and students; b. The preparation of OMB clearance packages; c. The conduct of large scale data collection operations; d. The processing, maintenance, and control of large data bases; e. The development and implementation of confidentiality systems; f. The development of data files which can be used to merge information multiple data sets; g. The development of clear and complete documentation for data files; h. The weighting of complex samples and the imputation for missing data by multiple methods; and i. Preparation of materials which meet NCES standards. In addition, the firm undertaking the work must have performed well on othe (End of Section) ED-99-R-0042 Page B-2 projects of similar size and scope and demonstrate: low turnover of key sta high quality control standards, adherence to budget limitations, responsive to the government contract specialist and NCES COTR, and timeliness and acceptability of project deliverables. The ability to meet deadlines and p high quality products within budget is of utmost importance. 1.C. Period of performance The length of this contract shall be 60 months from the contract start date 1.D. Additional cost proposal instructions In the cost proposal, offerors should repeat the staffing plan from the tec proposal,in comparable format, and show the dollar cost, by task and subtas each person for each assignment. Cost estimates should be provided for ind tasks and subtasks as well as for the full study, and each should contain b of direct charges for personnel, materials, supplies, consultants, equipmen telephone, printing, and all other major budget items. It is suggested tha 1) student and school; 2) parent; 3) teacher; and 3) transcript components out separated by task. Technical review panel meetings shall be scheduled for two days each and be located in Washington D.C. convenient to the NCES offices. The contractor plan on eight review panel meetings and shall pay for all associated expens including travel and per them for non-Federal members. An itemized budget is required, including documentation of overhead costs. Costs for subcontractors should be separately itemized. All indirect cost shall be clearly specified for the bidder and any proposed subcontractors. This contract is to be incrementally funded. Therefore, offerors should pr cost proposals by task and subtask, and cumulative funds consumption by qua 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) ED-99-R-0042 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: Lola Bland U.S. Dept of Education ROB-3, Room 3616 7th & D Streets, S.W. Washington D.C. 20202-4447 lola_bland@ed.gov Fax (202) 401-3538 ED will accept clarification questions until 10/15/99 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. 3 311-8 ALTERNATE PROPOSALS (APRIL 1998) Offerors may submit alternate proposals, or proposals that depart from stated requirements; PROVIDED, that a proposal for performance of the work, as specified in the statement of work is also submitted. Alternate proposals, or deviations from any requirements of this RFP, must be clearly identified. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the Government, shall be clearly identified and explicitly defined. These proposals may be considered if overall performance would be improved or not compromised and if they are in the best interest of the Government. Alternate proposals, or deviations from any requirements of this RFP, must be clearly identified. The Government reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements. (End of Section) ED-99-R-0042 Page B-2 1 311-9 COMMENTS ON SMALL BUSINESS REGULATORY ENFORCEMENT(JUNE 1998) Small Business Comments are Important: The Small Business and Agriculture Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were established to receive comments from small businesses about federal agency enforcement actions. The Ombudsman will annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If you wish to comment on the enforcement actions of the U.S. Department of Education, call 1-888-REG-FAIR (1-888-734-3247). 2 314-1 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 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) (End of Section) ED-99-R-0042 Page B-2 (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. 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). (End of Section) ED-99-R-0042 Page B-2 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. 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. (End of Section) ED-99-R-0042 Page B-2 "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 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 (End of Section) ED-99-R-0042 Page B-2 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 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 (End of Section) ED-99-R-0042 Page B-2 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 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) (End of Section) ED-99-R-0042 Page B-2 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 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) (End of Section) ED-99-R-0042 Page B-2 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 52.232-18 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) 3 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (MAY 1999) The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration. (1) The solicitation number (or other procurement identification number). (2) The offeror's name and remittance address, as stated in the offer. (3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror's official authorized to provide this information. (4) The name, address, and 9-digit Routing Transit Number of the offeror's financial agent. (5) The offeror's account number and the type of account (checking, savings, or lockbox). (6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror's financial agent. (7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror's financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment. (End of provision) (End of Section) ED-99-R-0042 Page B-2 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 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 (End of Section) ED-99-R-0042 Page B-2 strategies. Bonus Rating--Where the offeror has demonstrated an exceptional performance level in any of the above six subfactors, the contracting officer may give additional consideration for that factor. It is expected that this rating will be used in those rare circumstances when contractor performance clearly exceeds the performance level of "excellent." 3. Past performance evaluation will be based on information obtained from the awards and references listed in the offeror's proposal, other customers known to the Government, consumer protection organizations, and others who may have useful and relevant information. Information will also be considered regarding any major subcontractors, and key personnel records. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor's performance will be considered. The contracting officer will give greater consideration to information about an offeror's past performance that the contracting officer considers either more reliable or more relevant to the effort required by this solicitation. 4. Evaluation of past performance may be quite subjective,based on consideration of all relevant facts and circumstances.It will include consideration of the offeror's commitment to customer satisfaction and will include conclusions of informed judgement. 5. An offeror will be given an opportunity to discuss adverse past performance information, if the offeror has not had a previous opportunity to comment on the information. The contracting officer 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. __________ Criteria for Evaluation FACTOR POINTS 1. Quality of NELS:88/00 Data 30 depends upon descriptions of the nature, magnitude, details, and problems (End of Section) ED-99-R-0042 Page B-2 of the work to be performed, and proposed solutions; capabilities of the systems proposed; plans to produce high total and effective response rates and low item refusal rates; and user-friendliness. 2. Quality of Project Monitoring System (IMS) 15 The proposal shall be rated on the expected quality of the project monitoring system (IMS). The expectation of quality depends upon the descriptions of components, the timeliness of information,anticipated probl anticipated solutions, and the degree of access to the system. 3.Project Management, Organization, and Control 15 The proposal shall be rated on its discussions of the management, organizat and control of the project. Ratings will be based on the offeror's ability propose an efficient organization of staff; clear lines of authority and responsibilities; proposed scheduling of activities for timely completion o tasks and project, and control of tasks and allocations of resources that w ensure the timely completion of deliverables within budget. 4.Qualifications, Experience and Commitment of Project Staff 30 The proposal shall be rated on the qualifications, experience and time commitments of the proposed Project Director and key staff. This will inclu breadth and depth of experience in survey methodology; validation studies; sampling; data collection; establishing and maintaining large-scale surveys complex systems and data bases;management skills; and up-to-date technical expertise in a variety of relevant computer based hardware and software technologies. 5.Corporate Experience 10 The proposal shall be rated on the extent to which the organization has bee successfully engaged in performing complex data collections. This will involve demonstrated experience in the collection of longitudinal data and the ability to develop an efficient and effective computer assisted telepho interview system, the possession of, or ready access to, equipment and soft to quickly and efficiently generate displays of data for corrections or sim analysis, the ability to efficiently produce data bases, tabulations and gr suitable for informal presentations,and the development of camera-ready cop use in public distribution documents, debriefing materials, or speeches. TOTAL POINTS 100 (End of Section) ED-99-R-0042 Page B-2