SOLICITATION, OFFER AND AWARD Form 1 of 2 OMB SOLICITATION CLEARANCE NO. 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) Rating: _______________________________________________________________________________ 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION RFP-98-005 X _______________________________________________________________________________ 5. DATE ISSUED 6. REQUISITION/PURCHASE NO. 08/29/97 HR980010 _______________________________________________________________________________ 7. ISSUED BY (Hand-carried Address) 8. ADDRESS OFFER TO (If other than Item 7) U.S. Department of Education Support Services Group GSA Building, Rm 3616, MS 4447 (Same as Item 7) Seventh & D Streets, S.W. ATTN: DOROTHY A. HUNTER Washington, D.C. 20202 _______________________________________________________________________________ NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". _______________________________________________________________________________ SOLICITATION 9. Sealed offers in original and 8 copies of the technical proposal, and original and 4 copies of the business proposal for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in (See Item 7) until 2:00 p.m. local time on 09/30/97. CAUTION - LATE submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and conditions contained in this solicitation. _______________________________________________________________________________ 10. FOR INFORMATION CALL: A. NAME: DOROTHY A. HUNTER B. TELEPHONE NO. (Include area code) : 202/708-9256 (NO COLLECT CALLS) _______________________________________________________________________________ 11. TABLE OF CONTENTS (X) PART/SECTION DESCRIPTION PART I - THE SCHEDULE (X) A SOLICITATION/CONTRACT FORM (X) B SUPPLIES OR SERVICES AND PRICE/COSTS (X) C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT (X) D PACKAGING AND MARKING (X) E INSPECTION AND ACCEPTANCE (X) F DELIVERIES OR PERFORMANCE (X) G CONTRACT ADMINISTRATION DATA (X) H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES (X) I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS (X) J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS (X) K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS (X) L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD _____________________________________________________________________________ EXCEPTION TO STANDARD FORM 33 APPROVED BY GSA/IRMS 5-87 RFP-98-005 SOLICITATION, OFFER AND AWARD Form 2 of 2 OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. _______________________________________________________________________________ 12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______ calendar days ( 60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. _______________________________________________________________________________ 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 10 Calendar days 20 Calendar days 30 Calendar days __ Calendar days ______% ______% ______% ______% _______________________________________________________________________________ 14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offers and related documents numbered and dated: AMENDMENT NO. DATE AMENDMENT NO. DATE _______________________________________________________________________________ 15A. NAME AND ADDRESS OF OFFEROR 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print) 15B. TELEPHONE NO. (Include Area Code) ______________________ 15C. [ ] CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE. ENTER SUCH ADDRESS IN SCHEDULE. _______________________________________________________________________________ 17. SIGNATURE: 18. OFFER DATE: _______________________________________________________________________________ AWARD (To be completed by the Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION _______________________________________________________________________________ 22. AUTHORITY FOR USING OTHER THAN [ ] 10 U.S.C. 2304(C)( ) FULL AND OPEN COMPETITION: [ ] 41 U.S.C. 253(C)( ) _______________________________________________________________________________ 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM ___________ (4 copies unless otherwise specified) _______________________________________________________________________________ 24. ADMINISTERED BY (If other than Item 7) 25.PAYMENT WILL BE MADE BY _______________________________________________________________________________ 26. NAME OF CONTRACTING OFFICER 27. UNITED STATES OF AMERICA 28.AWARD DATE (Type or Print) (Signature of Contracting Officer) _______________________________________________________________________________ IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. _______________________________________________________________________________ EXCEPTION TO STANDARD FORM 33 "APPROVED BY GSA/IRMS 5-87 RFP-98-005 TABLE OF CONTENTS PAGE SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS. . . . . . . . . . . . 1 B.1 PROVISION FOR PRICING AND PAYMENT . . . . . . . . . . . . . . . 1 (ED 301-17) B.2 PRICING PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . 1 (ED 301-18) (DECEMBER 1988) SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT. . . . . . . . . . 3 C.1 SCOPE OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . 3 (ED 302-2) (FEBRUARY 1985) SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . 4 D.1 SHIPMENT AND MARKING. . . . . . . . . . . . . . . . . . . . . . 4 (ED 303-1) (MAR 1986) SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . 5 E.1 INSPECTION AND ACCEPTANCE . . . . . . . . . . . . . . . . . . . 5 (ED 304-1) (FEB 1985) SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . 6 F.1 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . 6 (ED 305-5) (MARCH 1986) F.2 DELIVERABLES. . . . . . . . . . . . . . . . . . . . . . . . . . 6 (ED 305-6) (MARCH 1986) SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . 7 G.1 CONTRACT ADMINISTRATOR. . . . . . . . . . . . . . . . . . . . . 7 (ED 306-8) (FEB 1985) G.2 ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY. . . 7 (ED 306-2) (JAN 1989) G.3 INVOICE AND CONTRACT FINANCING REQUESTS SUBMISSION. . . . . . . 7 (ALTERNATE I) (ED 306-1A) (MARCH 1988) G.4 ORDERING. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 (FAR 52.216-18) (APRIL 1988) G.5 DELIVERY-ORDER LIMITATIONS. . . . . . . . . . . . . . . . . . . 8 (FAR 52.216-19) (April 1984) G.6 INDEFINITE QUANTITY . . . . . . . . . . . . . . . . . . . . . . 9 (FAR 52.216-22) (APRIL 1984) SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . 12 H.1 PAYMENT OF PRINTING TO BE PERFORMED BY THE. . . . . . . . . . . 12 GOVERNMENT PRINTING OFFICE (ED 307-8) (APR 1992) H.2 COST ACCOUNTING STANDARDS APPLICATION . . . . . . . . . . . . . 12 (ED 307-11) (JUNE 1992) H.3 COST ACCOUNTING STANDARDS. . . . . . . . . . . . . . . . . . . 12 (FAR 52.230-2) (APR 1996) H.4 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES . . . . 14 (FAR 52.230-3) (APR 1996) H.5 ADMINISTRATION OF COST ACCOUNTING STANDARDS . . . . . . . . . . 16 (FAR 52.230-6) (APR 1996) H.6 ORDER OF PRECEDENCE (SOLICITATION). . . . . . . . . . . . . . . 18 TABLE OF CONTENTS PAGE (ED 307-1) (NOVEMBER 1986) H.7 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS . . . . . . . 19 WITH DISABILITIES (ED 301-20) (FEB 1995) H.8 REQUIRED SUBMISSION OF INFORMATION FOR. . . . . . . . . . . . . 19 PAYMENT BY ELECTRONIC FUNDS TRANSFER (ED 307-30) (SEP 1996) H.9 MANDATORY INFORMATION FOR . . . . . . . . . . . . . . . . . . . 20 ELECTRONIC FUNDS TRANSFER PAYMENT (FAR 52.232-33) (AUG 1996) H.10 ACCESSIBILITY OF SOFTWARE . . . . . . . . . . . . . . . . . . . 23 ED 316-1 (APR 1997) H.11 PUBLICATION AND AUDIO-VISUAL PRODUCTION . . . . . . . . . . . . 25 (ED 307-7) (MAY 1997) H.12 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. . . . . . . 26 (FAR 52.223-5) (MARCH 1997) H.13 PRIVACY ACT NOTIFICATION. . . . . . . . . . . . . . . . . . . . 26 (FAR 52.224-1) (APRIL 1984) H.14 PRIVACY ACT . . . . . . . . . . . . . . . . . . . . . . . . . . 26 (FAR 52.224-2) (APRIL 1984) H.15 AUTOMATED DATA PROCESSING (ADP) . . . . . . . . . . . . . . . . 27 SYSTEM SECURITY REQUIREMENTS (ED 307-13) (MARCH 1995) H.16 ORGANIZATIONAL CONFLICTS OF INTEREST. . . . . . . . . . . . . . 28 (ED 307-17) (APR 1984) H.17 SERVICE CONTRACT ACT APPLICATION. . . . . . . . . . . . . . . . 28 (ED 307-18) (APRIL 1985) H.18 CONTINUITY OF SERVICES. . . . . . . . . . . . . . . . . . . . . 29 (FAR 52.237-3) (JANUARY 1991) H.19 OPTION TO EXTEND SERVICES . . . . . . . . . . . . . . . . . . . 29 (FAR 52.217-8) (AUG 1989) H.20 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . . . . . . . 30 (FAR 52.217-9) (MARCH 1989) PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . 32 SECTION I - CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE-ALTERNATE I . . . . . . . . . 32 (FAR 52.252-2) (JUN 1988) I.2 CLAUSES FOR A NEGOTIATED FIXED-PRICE SERVICES CONTRACT. . . . . 32 (MATRIX-C) (FEB 1997) I.2.1 FEDERAL ACQUISITION REGULATION . . . . . . . . . . . . . . . 32 (48 CFR CHAPTER 1) CLAUSES I.2.2 DEPARTMENT OF EDUCATION ACQUISITION REGULATION (EDAR). . . . 38 (48 CFR CHAPTER 34) CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS . . . . . . . . . . . . . . . . . 39 AND OTHER ATTACHMENTS SECTION J -- LIST OF ATTACHMENTS J.1 LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . . . 39 (ED 309-1) (MARCH 1985) J.2 FIPS AND FED-STD CLAUSES AND PROVISIONS INCORPORATED BY . . . . 39 REFERENCE PART IV, SECTION K . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 REPRESENTATIONS,CERTIFICATIONS, AND OTHER STATEMENTS OF THE TABLE OF CONTENTS PAGE OFFEROR K.1 REPRESENTATION AUTHORITY. . . . . . . . . . . . . . . . . . . . 51 (ED 310-1) (MARCH 1985) K.2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. . . . . . . . . 51 (FAR 52.203-2) (APRIL 1984) K.3 WOMEN-OWNED BUSINESS. . . . . . . . . . . . . . . . . . . . . . 52 (FAR 52.204-5) (DEC 1996) K.4 PLACE OF PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . 53 (FAR 52.215-20) (APRIL 1984) K.5 CERTIFICATION OF NONSEGREGATED FACILITIES . . . . . . . . . . . 53 (FAR 52.222-21) (APRIL 1984) K.6 DRUG-FREE WORKPLACE . . . . . . . . . . . . . . . . . . . . . . 54 (FAR 52.223-6) (JAN 1997) K.7 CERTIFICATE OF CURRENT COST OR PRICING DATA . . . . . . . . . . 56 (ED 310-5) (MARCH 1985) K.8 DUPLICATION OF COST . . . . . . . . . . . . . . . . . . . . . . 57 (ED 310-6) (MARCH 1985) K.9 EMPLOYER'S IDENTIFICATION NUMBER. . . . . . . . . . . . . . . . 57 (ED 310-7) (MARCH 1985) K.10 CONTRACTOR IDENTIFICATION NUMBER - DATA . . . . . . . . . . . . 57 UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (FAR 52.204-6) (DEC 1996) K.11 TYPE OF BUSINESS ORGANIZATION . . . . . . . . . . . . . . . . . 58 (FAR 52.215-6) (JULY 1987) K.12 AUTHORIZED NEGOTIATORS. . . . . . . . . . . . . . . . . . . . . 58 (FAR 52.215-11) (APRIL 1984) K.13 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION. . . . . . . . 58 (ED 310-10) (APRIL 1984) K.14 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . . . . . . 61 (FAR 52.219-1) (JAN 1997) K.15 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS . . . . . . . . . . . 63 (FAR 52.222-22) (APRIL 1984) K.16 AFFIRMATIVE ACTION COMPLIANCE . . . . . . . . . . . . . . . . . 64 (FAR 52.222-25) (APRIL 1984) K.17 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING . . . . . . . 64 (FAR 52.223-13) (OCT 1996) K.18 POST EMPLOYMENT CONFLICT OF INTEREST. . . . . . . . . . . . . . 65 (ED 310-16) (MARCH 1985) K.19 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . . . . . . 65 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS. (FAR 52.209-5) (MAY 1989) K.20 TAXPAYER IDENTIFICATION . . . . . . . . . . . . . . . . . . . . 66 (FAR 52.204-3) (SEPTEMBER 1989) K.21 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS . . . . . . . . 67 TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11) (APRIL 1991) K.22 ORGANIZATIONAL CONFLICTS OF INTEREST. . . . . . . . . . . . . . 68 CERTIFICATE -- MARKETING CONSULTANTS (FAR 52.209-7) (OCTOBER 1995) K.23 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR . . . . . . 70 ILLEGAL OR IMPROPER ACTIVITY (FAR 52.203-8) (JAN 1997) K.24 ORGANIZATIONAL CONFLICT OF INTEREST . . . . . . . . . . . . . . 71 (EDAR 3452.209-70) (AUG 1987) K.25 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED. . . . . . 71 TABLE OF CONTENTS PAGE COMPUTER SOFTWARE (FAR 52.227-15) (JUNE 1987) K.26 CLEAN AIR AND WATER CERTIFICATION . . . . . . . . . . . . . . . 72 (FAR 52.223-1) (APRIL 1984) K.27 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION. . . . . . 72 (52.230-1) (APR 1996) SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES. . . . . . . . . . . . 77 TO OFFERORS L.1 TYPE OF CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . 77 (ED 311-1) (MARCH 1986) L.2 AVAILABILITY OF THE FEDERAL ADP AND . . . . . . . . . . . . . . 77 TELECOMMUNICATIONS STANDARDS INDEX (APRIL 1989) L.3 PRIVACY AND SECURITY SAFEGUARDS . . . . . . . . . . . . . . . . 77 FAR 239-1 (AUG 1996) L.4 GENERAL INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . 78 (ED 311-2) (FEB 1996) L.5 TECHNICAL PROPOSAL INSTRUCTIONS . . . . . . . . . . . . . . . . 79 (ED 311-3) (MARCH 1986) L.6 PAST PERFORMANCE REPORT . . . . . . . . . . . . . . . . . . . . 82 (ED 314-1) (MAR 1996) L.7 BUSINESS PROPOSAL INSTRUCTIONS. . . . . . . . . . . . . . . . . 85 (ED 311-4A) (JUL 1996) L.8 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION. . . . . . 87 OTHER THAN COST OR PRICING DATA (FAR 52.215-41, ALTERNATE IV) (OCT 1995) L.9 ADDITIONAL INSTRUCTION FOR PROPOSAL FOR . . . . . . . . . . . . 87 ADP SECURITY COMPLIANCE (ED 311-17) (FEBRUARY 1988) L.10 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS . . . 87 SUBCONTRACTING PLAN (FAR 52.219-9) (OCT 1995) L.11 EXPLANATION TO PROSPECTIVE OFFERORS . . . . . . . . . . . . . . 92 (FAR 52.215-14) (APRIL 1984) L.12 LATE SUBMISSIONS, MODIFICATIONS, AND. . . . . . . . . . . . . . 92 WITHDRAWALS OF PROPOSALS (FAR 52.215-10) (MAY 1997) L.13 FAILURE TO SUBMIT OFFER . . . . . . . . . . . . . . . . . . . . 94 (FAR 52.215-15) (MAY 1997) L.14 PROVISION FOR EVALUATION FACTOR AMENDMENTS. . . . . . . . . . . 95 (ED 311-7) (MARCH 1986) L.15 CONTRACT AWARD. . . . . . . . . . . . . . . . . . . . . . . . . 95 (FAR 52.215-16) (OCT 1995) L.16 FORMS CLEARANCE PROCESS . . . . . . . . . . . . . . . . . . . . 96 (ED 311-5) (MARCH 1986) L.17 PROGRESS PAYMENTS NOT INCLUDED. . . . . . . . . . . . . . . . . 96 (FAR 52.232-15) (APR 1984) L.18 SERVICE OF PROTESTS . . . . . . . . . . . . . . . . . . . . . . 96 (FAR 52.233-2) (AUG 1996) L.19 FACILITIES CAPITAL COST OF MONEY. . . . . . . . . . . . . . . . 97 (FAR 52.215-30) (SEPT 1987) SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . 98 TABLE OF CONTENTS PAGE M.1 EVALUATION FACTORS FOR AWARD (ALTERNATE I). . . . . . . . . . . 98 (ED 312-2) (FEB 1996) M.2 EVALUATION OF OPTIONS . . . . . . . . . . . . . . . . . . . . . 101 (FAR 52.217-5) (JULY 1990) RFP-98-005 SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS B.1 PROVISION FOR PRICING AND PAYMENT (ED 301-17) (a) The total not-to-exceed amount of this contract is $__________. Payment of that amount shall be made in accordance with the incorporated clause entitled "Payments Under Time and Materials and Labor-Hour Contracts", "Payments Under Fixed Price Research and Development Contracts", or "Payments Under Fixed Price Supply Contracts", whichever is applicable, and with any other supplementary payment scheme which may be otherwise negotiated and specified. (b) The Contractor shall take appropriate steps to insure that the ceiling price stated in Paragraph (a) above is not exceeded. The Government is not liable for any costs incurred which exceed the amount set forth above. The Contractor is further required to give written notice any time it estimates that the current funding ceiling is inadequate to cover the cost of its continued performance for a period of more than 60 days or until the end of the current term of the contract if less than 60 days. (c) In consideration for services performed under this contract, the Contractor shall be paid in accordance with the prices set forth in the Pricing Provisions. B.2 PRICING PROVISIONS (ED 301-18) (DECEMBER 1988) (a) The properties for order wil be direct classified labor hours and also supportive materials under any specified time-and-materials arrangement. (b) The labor hours will be supplied at fixed rates of charge, as specified in the following. These will be complete, or "loaded," charges, inclusive of all wage payments and applicable overhead and profit. Indirect labor cost shall be factored into the appropriate overhead accounts. Labor Classifications Loaded Hourly Rates (c) Corresponding total labor expenditure shall be calculated by multiplication of the number of proposed classified labor hours by the loaded hourly rates for those classifications. (d) All direct materials expenditures, including travel, shall be Page 1 of 101 RFP-98-005 reimbursed at actual cost to the contractor, as deemed allowable under FAR Part 31. A materials handling overhead may also be charged on this cost. This overhead rate shall be ______%. Page 2 of 101 RFP-98-005 SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT C.1 SCOPE OF WORK (ED 302-2) (FEBRUARY 1985) The contractor shall furnish all personnel, materials, services, and facilities necessary to perform the requirements set forth in the Statement of Work, Attachment A hereto. This shall also be done in accordance with the specified General and Special Provisions and the contractor's final technical proposal, as shall be incorporated by reference as a part of the contract. Page 3 of 101 RFP-98-005 SECTION D - PACKAGING AND MARKING D.1 SHIPMENT AND MARKING (ED 303-1) (MAR 1986) (a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract. (b) Ship deliverable items to: (c) Mark deliverables for: Page 4 of 101 RFP-98-005 SECTION E - INSPECTION AND ACCEPTANCE E.1 INSPECTION AND ACCEPTANCE (ED 304-1) (FEB 1985) Pursuant to the inspection clause in Part II, Section I, final inspection and acceptance of all contracted items shall be made by the Contracting Officer. Inspection and acceptance will be performed at: Mary Lovley U. S. DEPARTMENT OF EDUCATION Mary E. Switzer Bldg, 330 C St.,S.W., RM-3217 WASHINGTON, D. C. 20202 Page 5 of 101 RFP-98-005 SECTION F - DELIVERIES OR PERFORMANCE F.1 PERIOD OF PERFORMANCE (ED 305-5) (MARCH 1986) Performance hereunder shall be completed within 12 months of the date of contract award, inclusive of all specified deliveries and/or task work. F.2 DELIVERABLES (ED 305-6) (MARCH 1986) All deliverables shall be submitted to the designated Department of Education Contracting Officer. This shall be done according to the kinds, quantities and dates indicated in the attached Statement of Work. F.3 LIQUIDATED DAMAGES - SUPPLIES AND SERVICES (FAR 52. 211-11) (a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day of delay the sum of the actual cost of the requested number of hours up to, but not to exceed, 16 hours per interpreter slot, shall be deducted from the monthly billing for each occurrence. (b) Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Default-Fixed Price Supply and Service Clause in this contract and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause. (c) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed Price Supply and Service clause in this contract. F. 4 PERFORMANCE AND ANNUAL PROGRESS REPORTS These reports shall consist of quarterly and annual performance reports (see pages 14 & 15 of the DSOW). Page 6 of 101 RFP-98-005 SECTION G - CONTRACT ADMINISTRATION DATA G.1 CONTRACT ADMINISTRATOR (ED 306-8) (FEB 1985) The Contractor shall designate one individual to be contacted during the period of the contract for prompt contract administration. ______ ______ ______ ______ ______ ______ ______ G.2 ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY (ED 306-2) (JAN 1989) (A) The contractor shall request written authorization from the contracting officer before acquiring any contractually necessary property to which the Government will have title. The request shall include complete descriptions of all individual items which will exceed $1,000 in cost, including: (a) a brief statement of function; (b) manufacturer and manufacturer's brand name, model or part number; (c) vendor and its proposed price; (B) Management of government property in the possession of the contractor shall be in accordance with FAR Part 45. The contractor shall provide an annual report of total property acquisition cost, as required by FAR 45.505-14. G.3 INVOICE AND CONTRACT FINANCING REQUESTS SUBMISSION (ALTERNATE I) (ED 306-1A) (MARCH 1988) (A) Payments shall be rendered in accordance with the payments clause(s) of the incorporated contract clause section and with those otherwise specified rated or fixed price amounts. (B) The contractor shall submit the original and three (3) copies of invoices or contract financing requests to the Designated Billing Office. Page 7 of 101 RFP-98-005 ______ ______ ______ ______ ______ ______ NOTE: Invoices or contract financing requests must be sent to the designated billing office indicated above. Invoices or contract financing requests should NOT be sent to the "Payment will be made by" office indicated on the face page of the contract (block 12 of SF26 or block 25 of SF33). (C) The Contractor shall prepare invoices and contract financing requests in accordance with the billing instructions attached hereto and made a part of this contract. G.4 ORDERING (FAR 52.216-18) (APRIL 1988) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from ____________________ through ____________________ [insert dates]. (b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control. (c) If mailed, a delivery order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally or by written telecommunications only if authorized in the Schedule. G.5 DELIVERY-ORDER LIMITATIONS (FAR 52.216-19) (April 1984) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ____________________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of ____________________ [insert dollar figure or quantity]. (2) Any order for a combination of items in excess of ____________________ [insert dollar figure or quantity]; or Page 8 of 101 RFP-98-005 (3) A series of orders from the same ordering office within __________ days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this a requirements contract (ie., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __________ days after issuance, with written notice stating the Contractor's intent not to ship the items (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies from another source. G.6 INDEFINITE QUANTITY (FAR 52.216-22) (APRIL 1984) (a) This an indefinite-quantity contract for the services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Delivery-Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after ___________________ . ORDERING REQUIREMENTS A. The COTR will call with a minimum of three (3) business days notice (not including the day of the request or the day of the assignment) for assignments within the metropolitan DC area, a Page 9 of 101 RFP-98-005 minimum of four (4) business days notice (not including the day of the request or the day of the assignment) for assignments outside the metropolitan DC area, and a minimum of same day notice for remote services, and/or fax to the Contractor all information related to the assignment and maintain a record of each interpreting assignment. This information shall include for each assignment: 1. Name and telephone number of individual making request. 2. Name and telephone number of on-site contact person. 3. Date(s) and time(s) interpreter is/are needed. 4. The number and type of interpreter(s) needed. 5. Subject and type of meeting or activity. 6. Location of the interpreter(s) needed: street address, building name, number and room number. 7. Travel and/or per diem allowances, cabs and parking, if applicable. 8. Name(s) of deaf, hard of hearing, or deaf-blind participants(s), when available. 9. ED number for record keeping purposes. See Appendix A. The contractor shall maintain a record of each assignment request to facilitate verification of billing information. B. The Contractor shall establish procedures to select an interpreter(s) and ensure acceptance of assignments prior to date(s) of assignment. The Contractor shall call the COTR when the interpreter(s) is/are assigned and supply the name(s) of the interpreter(s) or inform the COTR that the interpreter(s) has/have not been found, at least two hours prior to the start of the assignment. C. In the event that the Department is not able to provide minimum three/four business day's notice, the Contractor shall attempt to provide coverage, but is under no obligation to do so. D. The COTR will also be responsible for notifying the Contractor of any cancellations or changes after an assignment has been given to the Contractor. CANCELLATION The contractor shall assure understanding of the following procedures: A. Should the COTR cancel a request for services and the Contractor has found and confirmed interpreter(s) and the cancellation is made less than two (2) business days notice before the scheduled event is to occur, the Government will pay up to 16 hours of services requested per interpreter. If no interpreter(s) has/have been found and confirmed at the time of the cancellation, then there is no cost to the Government. If an interpreter(s) has been found at the time of cancellation and the cancellation is within two (2) business days of the assignment, Page 10 of 101 RFP-98-005 then the interpreter(s) must be available to accept a similar assignment in order for the contractor to be paid. A similar assignment constitutes an assignment which requires the same general type interpreting skills and which is within the same general time frame, same general geographic area and is equally or less demanding as the original assignment. The contractor shall not be paid for both the cancellation and the similar assignment, but shall be paid for whichever is longer. Page 11 of 101 RFP-98-005 SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 PAYMENT OF PRINTING TO BE PERFORMED BY THE GOVERNMENT PRINTING OFFICE (ED 307-8) (APR 1992) The General Provisions of this contract set forth the Department's policy regarding printing to be performed in order to meet the terms of the contract. Should the services of the Government Printing Office (GPO) be required, the contractor shall request to the Department of Education to requisition those, subject to the contractor's provision of a completed SF-1, Printing and Binding Requisition to the Public Printer. Payment to the GPO shall be made directly by the Department and charged to the Contract. H.2 COST ACCOUNTING STANDARDS APPLICATION (ED 307-11) (JUNE 1992) The contract clause entitled "Cost Accounting Standards" shall apply to any resulting contract, except as exempted under Section 9903.201-1(b) of 48 CFR (CAS) Chapter 99 or when the contract is eligible for modified coverage under Section 9903.201-2(b) of the same Regulation. The clause entitled "Disclosure and Consistency of Cost Accounting Practices" shall apply in the latter case. H.3 COST ACCOUNTING STANDARDS (FAR 52.230-2) (APR 1996) (a) Unless the contract is exempt under 48 CFR 9903.201-1 and 9903.201-2, the provisions of 48 CFR Part 9903 are incorporated herein by reference and the Contractor, in connection with this contract, shall-- (1) (CAS-covered Contracts Only) By submission of a Disclosure Statement, disclose in writing the Contractor's cost accounting practices as required by 48 CFR 9903.202-1 through 9903.202-5, including methods of distinguishing direct costs from indirect costs and the basis used for allocating indirect costs. The practices disclosed for this contract shall be the same as the practices currently disclosed and applied on all other contracts and subcontracts being performed by the Contractor and which contain a Cost Accounting Standards (CAS) clause. If the Contractor has notified the Contracting Officer that the Disclosure Statement contains trade secrets and commercial or financial information which is privileged and confidential, the Disclosure Statement shall be protected and shall not be released outside of the Government. (2) Follow consistently the Contractor's cost accounting practices in accumulating and reporting contract performance cost data concerning this contract. If any change in cost accounting practices is made for the purposes of any contract or subcontract subject to CAS requirements, the change must be applied prospectively to this Page 12 of 101 RFP-98-005 contract and the Disclosure Statement must be amended accordingly. If the contract price or cost allowance of this contract is affected by such changes, adjustment shall be made in accordance with subparagraph (a)(4) or (a)(5) of this clause, as appropriate. (3) Comply with all CAS, including any modifications and interpretations indicated thereto contained in 48 CFR Part 9904, in effect on the date of award of this contract or, if the Contractor has submitted cost or pricing data, on the date of final agreement on price as shown on the Contractor's signed certificate of current cost or pricing data. The Contractor shall also comply with any CAS (or modifications to CAS) which hereafter become applicable to a contract or subcontract of the Contractor. Such compliance shall be required prospectively from the date of applicability to such contract or subcontract. (4)(i) Agree to an equitable adjustment as provided in the Changes clause of this contract if the contract cost is affected by a change which, pursuant to subparagraph (a)(3) of this clause, the Contractor is required to make to the Contractor's established cost accounting practices. (ii) Negotiate with the Contracting Officer to determine the terms and conditions under which a change may be made to a cost accounting practice, other than a change made under other provisions of subparagraph (a)(4) of this clause; provided that no agreement may be made under this provision that will increase costs paid by the United States. (iii) When the parties agree to a change to a cost accounting practice, other than a change under subdivision (a)(4)(i) of this clause, negotiate an equitable adjustment as provided in the Changes clause of this contract. (5) Agree to an adjustment of the contract price or cost allowance, as appropriate, if the Contractor or a subcontractor fails to comply with an applicable Cost Accounting Standard, or to follow any cost accounting practice consistently and such failure results in any increased costs paid by the United States. Such adjustment shall provide for recovery of the increased costs to the United States, together with interest thereon computed at the annual rate established under section 6621 of the Internal Revenue Code of 1986 (26 U.S.C. 6621) for such period, from the time the payment by the United States was made to the time the adjustment is effected. In no case shall the Government recover costs greater than the increased cost to the Government, in the aggregate, on the relevant contracts subject to the price adjustment, unless the Contractor made a change in its cost accounting practices of which it was aware or should have been aware at the time of price negotiations and which it failed to disclose to the Government. (b) If the parties fail to agree whether the Contractor or a subcontractor has complied with an applicable CAS in 48 CFR 9904 or a CAS rule or regulation in 48 CFR 9903 and as to any cost adjustment demanded by the United States, such failure to agree will constitute a dispute under the Contract Disputes Act (41 U.S.C. Page 13 of 101 RFP-98-005 601). (c) The Contractor shall permit any authorized representatives of the Government to examine and make copies of any documents, papers, or records relating to compliance with the requirements of this clause. (d) The Contractor shall include in all negotiated subcontracts which the Contractor enters into, the substance of this clause, except paragraph (b), and shall require such inclusion in all other subcontracts, of any tier, including the obligation to comply with all CAS in effect on the subcontractor's award date or if the subcontractor has submitted cost or pricing data, on the date of final agreement on price as shown on the subcontractor's signed Certificate of Current Cost or Pricing Data. This requirement shall apply only to negotiated subcontracts in excess of $500,000 where the price negotiated is not based on-- (1) Established catalog or market prices of commercial items sold in substantial quantities to the general public; or (2) Prices set by law or regulation, and except that the requirement shall not apply to negotiated subcontracts otherwise exempt from the requirement to include a CAS clause as specified in 48 CFR 9903.201-1. (End of clause) H.4 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (FAR 52.230-3) (APR 1996) (a) The Contractor, in connection with this contract, shall- (1) Comply with the requirements of 48 CFR, Subpart 9904.401, Consistency in Estimating, Accumulating, and Reporting Costs, and 48 CFR, Subpart 9904.402, Consistency in Allocating Costs Incurred for the Same Purpose; 48CFR subpart 9904.405, Accounting for Unallowable Costs; and 48 CFR subpart 9904.406, Cost Accounting Standard-Cost Accounting Period, in effect on the date of award of this contract as indicated in 48 CFR part 9904. (2) (CAS-covered Contracts Only) If it is a business unit of a company required to submit a Disclosure Statement, disclose in writing its cost accounting practices as required by 48 CFR, Subparts 9903.202-1 through 9903.202-5. If the Contractor has notified the Contracting Officer that the Disclosure Statement contains trade secrets and commercial or financial information which is privileged and confidential, the Disclosure Statement shall be protected and shall not be released outside of the Government. (3)(i) Follow consistently the Contractor's cost accounting practices. A change to such practices may be proposed, however, by either the Government or the Contractor, and the Contractor agrees to negotiate with the Contracting Officer the Page 14 of 101 RFP-98-005 terms and conditions under which a change may be made. After the terms and conditions under which the change is to be made have been agreed to, the change must be applied prospectively to this contract, and the Disclosure Statement, if affected, must be amended accordingly. (ii) The Contractor shall, when the parties agree to a change to a cost accounting practice and the Contracting Officer has made the finding required in 48 CFR, Subpart 9903.201-6(b), that the change is desirable and not detrimental to the interests of the Government, negotiate an equitable adjustment as provided in the Changes clause of this contract. In the absence of the required finding, no agreement may be made under this contract clause that will increase costs paid by the United States. (4) Agree to an adjustment of the contract price or cost allowance, as appropriate, if the Contractor or a subcontractor fails to comply with the applicable CAS or to follow any cost accounting practice, and such failure results in any increased costs paid by the United States. Such adjustment shall provide for recovery of the increased costs to the United States together with interest thereon computed at the annual rate of interest established under the Internal Revenue Code of 1986 (26 U.S.C. 6621), from the time the payment by the United States was made to the time the adjustment is effected. (b) If the parties fail to agree whether the Contractor has complied with an applicable CAS, rule, or regulation as specified in 48 CFR, parts 9903 and 9904 and as to any cost adjustment demanded by the United States, such failure to agree will constitute a dispute under the Contract Disputes Act (41 U.S.C. 601). (c) The Contractor shall permit any authorized representatives of the Government to examine and make copies of any documents, papers, and records relating to compliance with the requirements of this clause. (d) The Contractor shall include in all negotiated subcontracts, which the Contractor enters into, the substance of this clause, except paragraph (b), and shall require such inclusion in all other subcontracts of any tier, except that- (1) If the subcontract is awarded to a business unit which pursuant to 48 CFR, Subpart 9903.201 is required to follow all CAS, the clause entitled "Cost Accounting Standards" set forth in FAR 52.230-2, shall be inserted in lieu of this clause; or (2) This requirement shall apply only to negotiated subcontracts in excess of $500,000 where the price negotiated is not based on- (i) Established catalog or market prices of commercial items sold in substantial quantities to the general public; or (ii) Price set by law or regulation; or Page 15 of 101 RFP-98-005 (3) The requirement shall not apply to negotiated subcontracts otherwise exempt from the requirement to include a CAS clause as specified in 48 CFR, Subpart 9903.201-1. (End of clause) H.5 ADMINISTRATION OF COST ACCOUNTING STANDARDS (FAR 52.230-6) (APR 1996) For the purpose of administering the Cost Accounting Standards (CAS) requirements under this contract, the Contractor shall take the steps outlined in paragraphs (a) through (g) of this clause: (a) Submit to the Contracting Officer a description of any cost accounting practice change, the total potential impact of the change on contracts containing a CAS clause, and a general dollar magnitude of the change which identifies the potential shift of costs between CAS-covered contracts by contract type (i.e., firm fixed-price, incentive, cost-plus- fixed fee, etc.) and other contractor business activity. As related to CAS-covered contracts, the analysis should identify the potential impact on funds of the various Agencies/Departments (i.e., Department of Energy, National Aeronautics and Space Administration, Army, Navy, Air Force, other Department of Defense, other Government) as follows: (1) For any change in cost accounting practices required to comply with a new or modified CAS in accordance with subparagraph (a)(3) and subdivision (a)(4)(i) of the clause at FAR 52.230-2, Cost Accounting Standards, within 60 days (or such other date as may be mutually agreed to) after award of a contract requiring this change. (2) For any change in cost accounting practices proposed in accordance with subdivision (a)(4)(ii) or (iii) of the clause at FAR 52.230-2, Cost Accounting Standards, or with subparagraph (a)(3) of the clause at FAR 52.230-3, Disclosure and Consistency of Cost Accounting Practices, not less than 60 days (or such other date as may be mutually agreed to) before the effective date of the proposed change. (3) For any failure to comply with an applicable CAS or to follow a disclosed practice (as contemplated by subparagraph (a)(5) at FAR 52.230- 2, Cost Accounting Standards, or by subparagraph (a)(4) at FAR 52.230-3, Disclosure and Consistency of Cost Accounting Practice): (i) Within 60 days (or such other date as may be mutually agreed to) after the date of agreement with the initial finding of noncompliance, or (ii) In the event of Contractor disagreement with the initial finding of noncompliance, within 60 days of the date the Contractor is notified by the Contracting Officer of the determination of noncompliance. Page 16 of 101 RFP-98-005 (b) After an ACO determination of materiality, submit a cost impact proposal in the form and manner specified by the Contracting Officer within 60 days (or such other date as may be mutually agreed to) after the date of determination of the adequacy and compliance of a change submitted pursuant to paragraph (a) of this clause. The cost impact proposal shall be in sufficient detail to permit evaluation, determination, and negotiation of the cost impact upon each separate CAS-covered contract and subcontract. (1) Cost impact proposals submitted for changes in cost accounting practices required to comply with a new CAS in accordance with subparagraph (a)(3) and subdivision (a)(4)(i) of the clause at FAR 52.230- 2, Cost Accounting Standards, shall identify the applicable standard and all contracts and subcontracts containing the clause in this contract entitled Cost Accounting Standards, which have an award date before the effective date of that standard. (2) Cost impact proposals submitted for any change in cost accounting practices proposed in accordance with subdivisions (a)(4)(ii) or (iii) of the clause at 52.230-2, Cost Accounting Standards, or with subparagraph (a)(3) of the clause at FAR 52.230-3, Disclosure and Consistency of Cost Accounting Practices, shall identify all contracts and subcontracts containing the clause at FAR 52.230-2, Cost Accounting Standards, and FAR 52.2303, Disclosure and Consistency of Cost Accounting Practices. (3) Cost impact proposals submitted for failure to comply with an applicable CAS or to follow a disclosed practice as contemplated by subparagraph (a)(5) of the clause at FAR 52.230-2, Cost Accounting Standards, or by subparagraph (a)(4) of the clause at FAR 52.230-3, Disclosure and Consistency of Cost Accounting Practices, shall identify the cost impact on each separate CAS covered contract from the date of failure to comply until the noncompliance is corrected. (c) If the submissions required by paragraphs (a) and (b) of this clause are not submitted within the specified time, or any extension granted by the Contracting Officer, an amount not to exceed 10 percent of each subsequent amount determined payable related to the Contractor's CAS- covered prime contracts, up to the estimated general dollar magnitude of the cost impact, may be withheld until such time as the required submission has been provided in the form and manner specified by the Contracting Officer. (d) Agree to appropriate contract and subcontract amendments to reflect adjustments established in accordance with subparagraphs (a)(4) and (a)(5) of the CAS clause at FAR 52.230-2 or with subparagraphs (a)(3) or (a)(4) of the Disclosure and Consistency of Cost Accounting Practices clause at FAR 52.230-3. (e) For all subcontracts subject either to the CAS clause or to the Disclosure and Consistency of Cost Accounting Practices clause- (1) So state in the body of the subcontract, in the letter of award, or in both (self-deleting clauses shall not be used); and Page 17 of 101 RFP-98-005 (2) Include the substance of this clause in all negotiated subcontracts. In addition, within 30 days after award of the subcontract, submit the following information to the Contractor's cognizant contract administration office for transmittal to the contract administrative office cognizant of the subcontractor's facility: (i) Subcontractor's name and subcontract number. (ii) Dollar amount and date of award. (iii) Name of Contractor making the award. (iv) Any changes the subcontractor has made or proposes to make to cost accounting practices that affect prime contracts or subcontracts containing the CAS clause or Disclosure and Consistency of Cost Accounting Practices clause, unless these changes have already been reported. If award of the subcontract results in making one or more CAS effective for the first time, this fact shall also be reported. (f) Notify the Contracting Officer in writing of any adjustments required to subcontracts under this contract and agree to an adjustment, based on them, to this contract price or estimated cost and fee. This notice is due within 30 days after proposed subcontract adjustments are received and shall include a proposal for adjusting the higher tier subcontract or the prime contract appropriately. (g) For subcontracts containing the CAS clause, require the subcontractor to comply with all Standards in effect on the date of award or of final agreement on price, as shown on the subcontractor's signed Certificate of Current Cost or Pricing Data, whichever is earlier. (End of clause) H.6 ORDER OF PRECEDENCE (SOLICITATION) (ED 307-1) (NOVEMBER 1986) Any inconsistency in this solicitation shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the work statement or specification), (b) representations and other instructions, (c) contract clauses (Section I) (d) any incorporated documents, exhibits, or attachments, excluding the work statement or specifications, and (e) work statement or specifications. Page 18 of 101 RFP-98-005 H.7 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES (ED 301-20) (FEB 1995) The contractor shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 including Section 302, which provides that: "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation." Failure to comply with the Americans with Disabilities Act of 1990, as amended, shall be considered a failure to comply with the terms of this contract. H.8 REQUIRED SUBMISSION OF INFORMATION FOR PAYMENT BY ELECTRONIC FUNDS TRANSFER (ED 307-30) (SEP 1996) A. FAR clause 52.232-33, Mandatory Information of Electronic Funds Transfer Payments, requires that contractors submit to the payment office information needed for payment by EFT. 1. If the contractor is already enrolled in the Vendor Express program and is receiving payments from ED through EFT, the contractor shall notify the Contracting Officer of its Vendor Express number and enter it on all invoices submitted for payment under this contract. 2. If the contractor is already enrolled in the Vendor Express program and receiving payments through EFT but not from ED, the contractor shall send a copy of its original Vendor Express enrollment Proof Letter to: Bernice Byrd U.S. Department of Education Program Management & Reporting Unit 600 Independence Ave., SW, Room 3365 Washington, D.C. 20202 Or fax to: (202) 40l-l624 (For confirmation of receipt call: (202) 40l-0995.) The contractor shall promptly notify the Contracting Officer that one copy of its Proof Letter has been sent to the address above. 3. If the contractor is not currently enrolled in Vendor Express, the contractor shall call the National Finance Center (NFC) Page 19 of 101 RFP-98-005 Inquiry line at l-800-42l-0323, Miscellaneous Payments Section, or Lea Lang at 504-255-3327, to request a Vendor Express application package including enrollment form SF 388l with an assigned Vendor Express number indicated in block 8, Additional Information. The contractor must follow the NFC enrollment instructions and send the completed form back to: USDA/NFC P.O. Box 60,000 Tano Building New Orleans, LA 70l60 NFC will send a Prenotifiction Letter of enrollment to the contractor's financial institution indicated in the financial institution information blocks of the SF 388l. NFC will also send a "test" entry of payment for zero dollars to the financial institution requesting verification of the contractor's account information. The financial institution must return the completed Prenotification Letter with verification of the successful "test" entry to NFC within three work days. The contractor will receive a Proof Letter from NFC indicating that the account is now active and that NFC is now able to implement payments using Vendor Express. The contractor shall promptly send a copy of its Proof Letter to the address in paragraph 2 above and notify the Contracting Officer. B. Contractors can call NFC Inquiry at the 800 number in A.3. to confirm that their account has been properly activated to receive payments through EFT. Contractors who have already submitted the required SF 388l Enrollment form to NFC and have NOT received a Proof Letter, must call NFC Inquiry line to follow up on their enrollment status. H.9 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (FAR 52.232-33) (AUG 1996) (a) Method of payment. Payments by the Government under this contract, including invoice and contract financing payments, may be made by check or electronic funds transfer (EFT) at the option of the Government. If payment is made by EFT, the Government may, at its option, also forward the associated payment information by electronic transfer. As used in this clause, the term "EFT" refers to the funds transfer and may also include the information transfer. (b) Mandatory submission of Contractor's EFT information. (l) The Contractor is required, as a condition to any payment under this contract, to provide the Government with the information required to make payment by EFT as described in paragraph (d) of this clause, unless the payment office determines that submission of the information is not required. However, until January l, 1999, in the event the Contractor certifies in writing to the payment office that Page 20 of 101 RFP-98-005 the Contractor does not have an account with a financial institution or an authorized payment agent, payment shall be made by other than EFT. For any payments to be made after January l, 1999, the Contractor shall provide EFT information as described in paragraph (d) of this clause. (2) If the Contractor provides EFT information, applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the payment office. (c) Contractor's EFT information. Prior to submission of the first request for payment (whether for invoice or contract financing payment) under this contract, the Contractor shall provide the information required to make contract payment by EFT, as described in paragraph (d) of this clause, directly to the Government payment office named in this contract. If more than one payment office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the changed information to the designated payment office(s). (d) Required EFT information. The Government may make payment by EFT through either an Automated Clearing House (ACH) subject to the banking laws of the United States or the Federal Reserve Wire Transfer System at the Government's option. The Contractor shall provide the following information for both methods in a form acceptable to the designated payment office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). (l) The contract number to which this notice applies. (2) The Contractor's name and remittance address, as stated in the contract, and the contract number at the Contractor's financial agent. (3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information. (4) For ACH payments only: (i) Name, address, and 9-digit Routing Transit Number of the Contractor's financial agent. (ii) Contractor's account number and the type of account (checking, saving, or lockbox). (5) For Federal Reserve Wire Transfer System payments only: (i) Name, address, telegraphic abbreviation, and the 9-digit Routing Transit Number for the Contractor's financial agent. (ii) If the Contractor's financial agent is not directly on-line to the Federal Reserve Wire Transfer System and, therefore, Page 21 of 101 RFP-98-005 not the receiver of the wire transfer payment, the Contractor shall also provide the name, address, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment. (e) Suspension of payment. (l) Notwithstanding the provisions of any other clause of this contract, the Government is not required to make any payment under this contract until after receipt, by the designated payment office, of the correct EFT payment information from the Contractor or a certificate submitted in accordance with paragraph (b) of this clause. Until receipt of the correct EFT information, any invoice or contract shall be deemed not to be a valid invoice or contract financing request as defined in the Prompt Payment clause of this contract. (2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than the 30th day after its receipt to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the changed EFT information is implemented by the payment office. If such suspension would result in a late payment under the Prompt Payment clause of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension. (f) Contractor EFT arrangements. The Contractor shall designate a single financial agent capable of receiving and processing the electronic funds transfer using the EFT methods described in paragraph (d) of this clause. The Contractor shall pay all fees and charges for receipt and processing of transfers. (g) Liability for uncompleted or erroneous transfers. (l) If an uncompleted or erroneous transfer occurs because the Government failed to use the Contractor-provided EFT information in the correct manner, the Government remains responsible for (i) making a correct payment, (ii) paying any prompt payment penalty due, and (iii) recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because Government-provided EFT information was incorrect at the time of Government release of the EFT payment transaction instruction to the Federal Reserve System, and -- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government retains the right to either make payment by mail or suspend the payment in accordance with paragraph (e) of this clause. (h) EFT and prompt payment. (l) A payment shall be deemed to have been made in a timely manner in accordance with the Prompt Payment clause of this contract if, in the EFT payment transaction Page 22 of 101 RFP-98-005 instruction given to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (2) When payment cannot be made by EFT because of incorrect EFT information provided by the Contractor, no interest penalty is due after the date of the uncompleted or erroneous payment transaction, provided that notice of the defective EFT information is issued to the Contractor within 7 days after the Government is notified of the defective EFT information. (i) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the Assignment of Claims clause of this contract, the assignee shall provide the assignee EFT information required by paragraph (d) of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information which shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (e) of this clause. (j) Payment office discretion. If the Contractor does not wish to receive payment by EFT methods for one or more payments, the Contractor may submit a request to the designated payment office to refrain from requiring EFT information or using the EFT payment method. The decision to grant the request is solely that of the Government. (k) Change of EFT information by financial agent. The Contractor agrees that the Contractor's financial agent may notify the Government of a change to the routing transit number, Contractor account number, or account type. The Government shall use the changed data in accordance with paragraph (e)(2) of this clause. The Contractor agrees that the information provided by the agent is deemed to be correct information as if it were provided by the Contractor. The Contractor agrees that the agent's notice of changed EFT data is deemed to be a request by the Contractor in accordance with paragraph (e)(2) that no further payments be made until the changed EFT information is implemented by the payment office. (End of Clause) H.10 ACCESSIBILITY OF SOFTWARE ED 316-1 (APR 1997) The Department of Education (ED) considers universal acces- sibility to information a priority for all its employees and external customers, including individuals with disabilities. Under Sections 504 and 508 ofthe Rehabilitation Act of 1973, 29 U.S.C. subsections 794 and 794d, as amended, ED must ensure the Page 23 of 101 RFP-98-005 accessibility of its programs and activities, specifically including electronic and information technology. ED maintains the manual, "Requirements for Accessible Software Design," to convey the accessibility needs of the Department to the developers and suppliers of computer applications. To comply with the provisions of this clause, the contractor may use the edition of the ED manual "Requirements for Accessible Software Design" in effect at the date of award of this contract or any more recent edition. A copy of the most recent edition of the manual may be found at ocfo.ed.gov/coninfo/clibrary/software.htm. (a) Software developed for ED--The contractor shall ensure that any software developed under this contract for use by ED's employees or external customers is accessible to individuals with disabilities. At a minimum, such software must meet all the requirements the ED manual "Requirements for Accessible Software Design." However, in accordance with paragraph (d) of this clause, the contracting officer may waive a requirement in writing. (b) Software enhanced or modified for ED--Any enhancements and other modifications, made under this contract to software for use by ED's employees or external customers, are subject to the requirements of paragraph (a) of this clause, regardless of where or how the software was first developed. Except as otherwise specified elsewhere in the contract schedule, the contractor is only required to ensure that the enhancements or modifications (not other features or parts of the software) comply with the requirements of paragraph (a). However, the contractor is encouraged to point out deficiencies in the accessibility of the software and to suggest solutions to ensure the software fully complies with the accessibility requirements of paragraph (a). (c) Other software delivered under this contract--Unless otherwise specified elsewhere in the contract schedule, the contractor is not required to ensure that software not developed under this contract meets the accessibility requirements of paragraph (a). However-- (1) The contractor shall consider accessibility to individuals with disabilities as a significant factor when selecting or purchasing any software that will be delivered under this contract for use by ED's employees or external customers. (2) At least ten calendar days prior to final selection of any software with a total estimated cost or price over $5,000 that does not meet all the requirements of the ED manual "Requirements for Accessible Software Design," the contractor shall notify the Contracting Officer's Technical Representative (COTR) in writing. Such notice shall list the specific acces- sibility features that are lacking and explain the trade-offs or other reasons for recommending selection of the software. (3) Within ten calendar days of the COTR's receipt of a notice under subparagraph (c)(2), if selection of the software may significantly impair ED's ability to ensure accessibility of its programs and activities to all its employees and external customers, Page 24 of 101 RFP-98-005 including individuals with disabilities, the contracting officer may reject selection of the software by written notice to the contractor. (d) Waiver of requirements--It is recognized that new technologies may provide solutions that are not envisioned in or consistent with the provisions of the manual "Requirements for Accessible Software Design." Or, certain requirements of the manual may be unreasonable or ineffective in certain situations. Accordingly, the contractor may request and the contracting officer may grant a waiver, in writing, to any requirement of the manual or of this clause. H.11 PUBLICATION AND AUDIO-VISUAL PRODUCTION (ED 307-7) (MAY 1997) A. Except as provided below, neither the development or production of any publication or audiovisual product is authorized. In the event that development or production of any publication or audiovisual product subsequently becomes a contract requirement (expressed or implied), the contractor shall obtain approval in writing from the Contracting Officer. Until the contractor obtains such Contracting Officer approval, no costs for develop- ment or production of the publication or audiovisual product shall be allowable. The following items are excepted from PRB approval: 1. Up to 50 copies of progress and final reports. B. The Contractor shall ensure that any publication or audiovisual product developed or produced under this contract is compatible with the Department of Education's responsibilities under the Sections 404 and 508 of the Rehabilitation Act of l973, 29 U.S.C. 794 and 794d, as amended, to ensure the accessibility of its programs and activities to idividuals with disabilities. C. The contractor shall not distribute or release to the public any publication or audiovisual product developed or produced under this contract without written authorization of the Contracting Officer. To obtain this authorization, the contractor shall submit 2 copies of the publication or audiovisual product to the Contracting Officer. Sice the Contracting Officer must obtain internal public affairs or other clearances, the Contractor should plan at least 45 days to obtain authorization from the Contracting Officer. Except as may be provided elsewhere, contractor may develop and produce at its own expense, results of work under this contract (see Publication and Publicity). Page 25 of 101 RFP-98-005 H.12 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (FAR 52.223-5) (MARCH 1997) (a) Executive Order l2856 of August 3, 1993, requires Federal facilities to comply with the provisions of the Emergency Planning Community Right-to-Know Act of l986 (EPCRA)(42 U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (PPA)(42 U.S.C. 13101- 13109). (b) The Contractor shall provide all information needed by the Federal facility to comply with the emergency planning reporting requirements of Sectin 302 of EPCRA, the emergency notice requirements of Section 304 of EPCRA, the list of Material Data Safety Sheets required by Section 3ll of EPCRA, the emergency and hazardous chemical inventory forms of Section 3l2 of EPCRA, and the toxic chemical release inventory of Section 3l3 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA. (End of clause) H.13 PRIVACY ACT NOTIFICATION (FAR 52.224-1) (APRIL 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. H.14 PRIVACY ACT (FAR 52.224-2) (APRIL 1984) (a) The Contractor agrees to-- (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies-- (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the design, development, or operation of a system of records on individuals that Page 26 of 101 RFP-98-005 is subject to the Act; and (3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor and any employee of the Contractor is considered to be an employee of the agency. (c) (1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) "System of records on individuals," as used in this clause means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. H.15 AUTOMATED DATA PROCESSING (ADP) SYSTEM SECURITY REQUIREMENTS (ED 307-13) (MARCH 1995) The Contractor and its subcontractors shall comply with the ADP System Security requirements set forth in: A. The Statement of Work of this contract; B. The Privacy Act of 1974 (P.L. 93-579, U.S.C. 552a); and C. The U.S. Department of Education, Information Technology Security Manual, Handbook Number 6; including -- Contractors may also consider the use of the Department's Contractor Self-Certification Program (CSCP) for Personnel with Low Risk ADP- Related Responsibilities. This program is applicable only to those employees whose duties have been designated as "Low Risk" by the government and is designed to allow a contractor to "self-certify" Page 27 of 101 RFP-98-005 the trustworthiness of its employees, in lieu of the government- required investigative process. More detailed information about the CSCP is set forth in the handbook entitled, "Information Technology Security Program" Contractor Self-Certification Program for Personnel with Low Risk ADP-Related Responsibilities." The Contractors may arrange to review copies of the above referenced documents by contacting the Contract Specialist at telephone number 202/708-9256. The Contractor shall include this provision in any subcontract(s) awarded pursuant to this contract. H.16 ORGANIZATIONAL CONFLICTS OF INTEREST (ED 307-17) (APR 1984) (A) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information. (B) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. (C) Remedies - The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, or pursue such other remedies as may be permitted by law or this contract. (D) The Contractor further agrees to insert in any subcontract or consultant agreement hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph (D). H.17 SERVICE CONTRACT ACT APPLICATION (ED 307-18) (APRIL 1985) The Service Contract Act of 1965, as amended, shall apply to this contract. That application shall be in accordance with the Service Contract Act Regulations (29 CFR Part 4). Minimum wage rates are as specified in the attached Service Contract Act determination. Page 28 of 101 RFP-98-005 H.18 CONTINUITY OF SERVICES (FAR 52.237-3) (JANUARY 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another Contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best effort and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in and phase-out service required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct onsite interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that results from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract. H.19 OPTION TO EXTEND SERVICES (FAR 52.217-8) (AUG 1989) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extention of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule. (Note: Notice shall be given within 30 days before contract completion.) Page 29 of 101 RFP-98-005 H.20 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MARCH 1989) (a) The Government may extend the term of this contract by written notice to the Contractor by 30 days before contract expiration; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option provision. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (d) The option Periods shall be as follows: Period Start Date End Date Estimated Total Ceiling Hours Price Option I 12/01/98 11/30/99 4,720 Option II 12/01/99 11/30/00 4,720 Option III 12/01/00 11/30/01 4,720 Option IV 11/30/01 12/01/02 4,720 (e) Option Year I Labor Category Staff Hours (est.) Rates/Hr. 1. Local Interpreter 3200 $ 2. Local Overtime 70 $ 3. Regional Interpreter 800 $ 4. Regional Overtime 50 $ 5. Remote Interpreters 600 $ (f) Option Year II Labor Category Staff Hours (est.) Rates/Hr. 1. Local Interpreter 3200 $ 2. Local Overtime 70 $ 3. Regional Interpreter 800 $ 4. Regional Overtime 50 $ 5. Remote Interpreters 600 $ (g) Option Year III Labor Category Staff Hours (est.) Rates/Hr. 1. Local Interpreter 3200 $ Page 30 of 101 RFP-98-005 2. Local Overtime 70 $ 3. Regional Interpreter 800 $ 4. Regional Overtime 50 $ 5. Remote Interpreters 600 $ (h) Option Year IV Labor Category Staff Hours (est.) Rates/Hr. 1. Local Interpreter 3200 $ 2. Local Overtime 70 $ 3. Regional Interpreter 800 $ 4. Regional Overtime 50 $ 5. Remote Interpreter 600 $ H. 21 OPTION FOR INCREASED QUANTITY (FAR 52.217-6, MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. Page 31 of 101 RFP-98-005 PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE-ALTERNATE I (FAR 52.252-2) (JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. I.2 CLAUSES FOR A NEGOTIATED FIXED-PRICE SERVICES CONTRACT (MATRIX-C) (FEB 1997) I.2.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES FAR Clause No. Title and Date (The following clauses shall apply to all contracts except Research and Development.) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995) 52.203-7 Anti-Kickback Procedures (JUL 1995) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (SEP 1990) (The following clauses shall apply to all contracts in excess of $100,000.) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JAN 1990) 52.204-4 Printing/Copying Double-Sided on Recycled Paper (JUN l996) 52.207-3 Right of First Refusal of Employment (NOV 1991) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUL 1995) 52.215-2 Audit and Records--Negotiation (AUG 1996) 52.242-15 Stop-Work Order - Alternate I (APR 1984) 52.247-63 Preference for U.S.-Flag Air Carriers (JAN 1997) Page 32 of 101 RFP-98-005 (The following clauses shall apply when Cost or Pricing Data is required or if the total life amount of the contract is greater than $500,000.) 52.215-22 Price Reduction for Defective Cost or Pricing Data (OCT 1995) 52.215-24 Subcontractor Cost or Pricing Data (OCT 1995) (The following clauses shall apply to contracts exceeding $3,000,000 when cost and pricing data is required for the procurement.) 52.215-23 Price Reduction for Defective Cost or Pricing Data - Modifications (OCT 1995) 52.215-25 Subcontractor Cost or Pricing Data - Modifications (OCT l995) (The following clause shall apply when prescribed under FAR subpart 15.812-2(a). The alternate provision shall additionally apply when prescribed under 15.812-2(b).) 52.215-26 Integrity of Unit Prices (FEB 1997) (The following clause shall apply if prescribed in FAR 15.804-8(e).) 52.215-27 Termination of Defined Benefit Pension Plans (SEP 1989) (The following clause shall apply if the contractor did not propose facilities capital cost of money in its offer.) 52.215-31 Waiver of Facilities Capital Cost of Money (SEP 1987) (The following clauses apply to Contracts when Cost and Pricing Data is required and to cost determinations subject to FAR subpart 31.2, Commercial Organizations.) 52.215-39 Reversion or Adjustment of Plans for Postretirement Benefits other than Pensions (PRB) (JUL 1991) 52.219-8 Utilization of Small, Small Disadvantaged & Women-Owned Small Business Concerns (OCT 1995) (The following clauses shall apply as prescribed under FAR subparts 19.508(e) and 19.708(b).) 52.219-9 Small, Small Disadvantaged & Women-Owned Small Business Subcontracting Plan (AUG 1996) 52.219-13 Utilization of Women-Owned Small Businesses (AUG 1986) 52.219-14 Limitation on Subcontracting (DEC 1996) Page 33 of 101 RFP-98-005 (The following clauses shall apply to all contracts which include the clause FAR 52.219-9, Small Business and Small Disadvantaged Business Subcontracting Plan.) 52.219-16 Liquidated Damages-Subcontracting Plan (OCT 1995) 52.220-3 Utilization of Labor Surplus Area Concerns (APR 1984) (The following clause shall be exempted from application under FAR provisions 52.222-3(a) through (c).) 52.222-3 Convict Labor (AUG 1996) (The following clause shall apply when prescribed under FAR subpart 22.305.) 52.222-4 Contract Work Hours and Safety Standards Act-- Overtime Compensation (JUL 1995) (The following clauses shall apply when prescribed under FAR subpart 22.6.) 52.222-20 Walsh-Healy Public Contracts Act (DEC 1996) 52.222-26 Equal Opportunity (APR 1984) (The following clauses shall apply to all RFPs and Contracts with a life aggregate amount over $1,000,000.) 52.222-28 Equal Opportunity Pre-Award Clearance of Subcontract (APR 1984) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans (APR 1984) 52.222-36 Affirmative Action for Handicapped Workers (APR 1984) (Note: The reports required by the following clause shall be submitted to OASVET (VETS-100); U.S. Department of Labor; 200 Constitution Avenue, NW; Washington D.C. 20210.) 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (JAN 1988) (The following clauses shall only apply to contracts to which the Service Contract Act is applicable.) 52.222-41 Service Contract Act of 1965, as Amended (MAY 1989) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) (Note: List of equivalent rates, if applicable, will be given in attachment.) (The following clause shall only apply to contracts (1) to which the Service Contract Act is applicable and (2) which are multi- Page 34 of 101 RFP-98-005 year or contain options to renew.) 52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (MAY 1989) (The following clauses shall only apply to contracts (1) to which the Service Contract Act is applicable and (2) which are not multi-year or do not contain options to renew.) 52.222-44 Fair Labor Standards Act and Service Contract Act -- Price Adjustment (MAY 1989) 52.223-2 Clean Air and Water (Over $100,000) (APR 1984) (The following clauses shall apply to (a) any contract awarded to an individual -- ie., a contractor having no more than one employee including the contractor -- or (b) any contract of $25,000 or more, unless excepted under the provisions of FAR 23.505(b)(1)(3).) 52.223-6 Drug Free Workplace (JUL 1990) 52.223-14 Toxic Chemical Release Reporting (OCT 1995) 52.225-3 Buy American Act - Supplies (JAN 1989) 52.225-11 Restrictions on Certain Foreign Purchases (MAY 1992) (The following clause shall apply to all but specified research and development contracts.) 52.227-1 Authorization and Consent (JUL 1995) (The following clauses shall apply to only specified research and development contracts.) 52.227-1 Authorization and Consent - Alternate I (APR 1984) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996) 52.227-14 Rights in Data -- General (June 1987) Alternate I (June 1987) Alternate II (June 1987) Alternate III (June 1987) Alternate IV (June 1987) Alternate V (June 1987) (Alternate IV shall only apply to contracts for basic or applied research -- other than those for management or operation of Government facilities or where international agreements require otherwise -- to be performed soley by universities and colleges.) 52.229-3 Federal, State, and Local Taxes (JAN 1991) 52.232-2 Payments Under Fixed-Price Research and Development Contracts (APR 1984) 52.232-9 Limitation on Withholding of Payments (APR 1984) Page 35 of 101 RFP-98-005 52.232-16 Progress Payments (JUL 1991) (Applicable to: Fixed Price Contracts.) 52.232-17 Interest (JUN 1996) 52.232-23 Assignment of Claims (JAN 1986) 52.233-1 Disputes (OCT 1995) 52.233-3 Protest After Award (OCT 1995) 52.243-1 Changes - Fixed Price (AUG 1987) Alternate V (APR 1984) 52.242-13 Bankruptcy (JUL 1995) (Applicable for all solicitations and contracts.) 52.244-1 Subcontracts Under Fixed-Price Contracts (Over $500,000) (APR 1991) 52.244-5 Competition in Subcontracting (DEC 1996) (If the contract prices are not based on adequate price competition, established catalogue or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the following clause is applicable.) 52.245-2 Government Property (Fixed-Price Contracts) (DEC 1992) - Alternate I (DEC 1992) OR (If this contract is for the conduct of basic or applied research at nonprofit institutions of higher education or at nonprofit organizations whose primary purpose is the conduct of scientific research, the following clause is applicable.) 52.245-2 Government Property (Fixed-Price Contracts) (APR 1984) - Alternate II (APR 1984) 52.246-4 Inspection of Services - Fixed Price (AUG 1996) 52.246-16 Responsibilities of Supplies (APR 1984) (The following clause shall apply if designated.) 52.246-25 Limitation of Liability - Services (FEB 1997) 52.247-29 F.O.B. Origin (JUN 1988) (The following clause shall apply if designated.) 52.247-34 F.O.B. Destination (APR 1984) (If the contract is awarded to other than an educational or nonprofit institution on a no-profit basis, the following clause is applicable.) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (SEP 1996) OR Page 36 of 101 RFP-98-005 (If the contract is awarded to an educational or nonprofit institution on a no-profit basis, the following clause is applicable.) 52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) (SEP 1996) (This clause is not applicable if the contract is awarded on a no-fee basis to an educational or nonprofit institution.) 52.249-9 Default (Fixed-Price Research and Development) (APR 1984) (If the contract is awarded on a fee basis, the following clause is applicable.) 52.249-14 Excusable Delays (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 52.232-25 Prompt Payment (MAR 1994) 52.248-1 Value Engineering (MARCH 1989) Alternate III (APRIL 1984) Page 37 of 101 RFP-98-005 I.2.2 DEPARTMENT OF EDUCATION ACQUISITION REGULATION (EDAR) (48 CFR CHAPTER 34) CLAUSES EDAR Clause No. Title and Date 3452.202-1 Definitions (AUGUST 1987) 3452.208-70 Printing (AUGUST 1987) 3452.227-70 Publication and Publicity (AUGUST 1987) 3452.227-71 Paperwork Reduction Act (AUGUST 1987) 3452.227-72 Advertising of Awards (AUGUST 1987) (The following clause shall apply to all contracts with educational institutions, hospitals, and State and local governments.) 3452.232-70 Prohibition Against the Use of ED Funds to Influence Legislation or Appropriations (AUGUST 1987) 3452.242-71 Notice to the Government of Delays (AUGUST 1987) 3452.242-72 Withholding of Contract Payment (AUGUST 1987) 3452.242-73 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (AUGUST 1987) Page 38 of 101 RFP-98-005 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J -- LIST OF ATTACHMENTS J.1 LIST OF ATTACHMENTS (ED 309-1) (MARCH 1985) IDENTIFIER DESCRIPTION PAGES ATTACHED A. Acronyms/Definitions 2 X B. Statement of Work 21 X C. Small Business and Small Disadvantaged Sub- Contracting Plan 3 X D. Contractor Performance Information 10 X E. Contract Pricing Proposal Form 1448 1 X APPENDIX DESCRIPTION PAGES ATTACHED A. Code of Ethics 1 X B. Verification of Services 2 X C. Interpreter Services Feed Back Form 1 X D. Invoice of the Month 1 X E. Surveillance Plan 9 X J.2 FIPS AND FED-STD CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE This contract incorporates the following clauses and provisions by reference. The clauses and provisions that are applicable to this contract are checked with an "X". These clauses and provisions have the same force and effect as if they were given in full text. Offerors and contractors may order the texts of the FIPS PUBs from the following address: National Technical Information Service U.S. Department of Commerce Springfield, VA 22161 Telephone: (703) 487-4650 Page 39 of 101 RFP-98-005 The texts of the FED STDs may be ordered from the following address: General Services Administration (WFRI) Washington, D.C. 20407 Telephone: (202) 472-2205 The abbreviation FIRMR means the Federal Information Resources Management Regulation (41 CFR Chapter 201). Page 40 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles FEDERAL INFORMATION PROCESSING STANDARDS (FIPS) ------- -------- ------- FIPS 1-2, Code for Information Interchange, Its Representations, Subsets, and Extensions ------- -------- ------- FIPS 2-1, Perforated Tape Code for Information Interchange ------- -------- ------- FIPS 4-1, Calendar Date ------- -------- ------- FIPS 5-2, Codes for the Identification of the States, District of Columbia, and the Outlying Areas of the United States, and Associated Areas ------- -------- ------- FIPS 6-4, Counties and County Equivalents of the States of the United States and the District of Columbia ------- -------- ------- FIPS 8-5, Standard Metropolitan Statistical Areas ------- -------- ------- FIPS 9-1, Congressional Districts of the United States ------- -------- ------- FIPS 10-3, Countries, dependencies and areas of Special Sovereignty ------- -------- ------- FIPS 13, Rectangular Holes in Twelve-row Punched Cards ------- -------- ------- FIPS 14-1, Hollerith Punched Card Code ------- -------- ------- FIPS 16-1, Bit Sequencing of the Code for Information Interchange in Serial-by-Bit Data Transmission Page 41 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 CONT. Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles ------- -------- ------- FIPS 17-1, Character Structure and Character Parity Sense for Serial- by-Bit Data Communication in the Code for Information Interchange ------- -------- ------- FIPS 21-3, COBOL ------- -------- ------- FIPS 22-1, Synchronous Signaling Rates Between Data Terminal and Data Communication Equipment ------- -------- ------- FIPS 26, One-inch Perforated Paper Tape for Information Interchange ------- -------- ------- FIPS 27, Take-up Reels for One-Inch Perforated Tape for Information Interchange ------- -------- ------- FIPS 32-1, Optical Character Recognition Character Sets ------- -------- ------- FIPS 33-1, Character Set for Handprinting ------- -------- ------- FIPS 46-1, Data Encryption Standard (DES) ------- -------- ------- FIPS 54-1, Computer Output Microform (COM) Formats and Reduction Ratios, 16 mm and 105 mm Page 42 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 CONT. Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles ------- -------- ------- FIPS 58-1, Representations of Local Time of the Day for Information Interchange ------- -------- ------- FIPS 59, Representations of Universal Time, Local Time Differentials, and United States Time Zone References for Information Interchange ------- -------- ------- FIPS 66, Standard Industrial Classification (SIC) Codes ------- -------- ------- FIPS 68-2, BASIC ------- -------- ------- FIPS 69-1, FORTRAN ------- -------- ------- FIPS 70-1, Representation of Geographic Point Locations for Information Interchange ------- -------- ------- FIPS 71, Advanced Data Communications Control Procedures (ADCCP) ------- -------- ------- FIPS 81, Data Encryption Standard (DES) Mode of Operation ------- -------- ------- FIPS 84, Microfilm Readers ------- -------- ------- FIPS 85, Optical Character Recognition (OCR) Inks ------- -------- ------- FIPS 86, Additional Controls For Use With American National Standard Code for Information Interchange ------- -------- ------- FIPS 89, Federal Standard for Optical Character Recognition (OCR) Character Positioning Page 43 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 CONT. Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles ------- -------- ------- FIPS 95-1, Code for the Identification of Federal and Federally-Assisted Organizations ------- -------- ------- FIPS 100-1, Interface between Data Terminal Equipment (DTE) and Data Circuit-Terminating Equipment (DCE) for Operation with Packet-Switched Data Communication Networks (PSDN) or Between Two DTEs by Dedicated Circuits ------- -------- ------- FIPS 103, Codes for the Identification of Hydrologic Units in the United States and the Caribbean Outlying Areas ------- -------- ------- FIPS 104-1, ANS Codes for the Representation of Names of Countries, Dependencies, and Areas of Special Sovereignty for Information Interchange ------- -------- ------- FIPS 107, Local Area Networks: Baseband Carrier Sense Multiple Access with Collision Detection Access Method and Physical Layer Specifications and Link Layer Protocol ------- -------- ------- FIPS 108, Alphanumeric Computer Output Microform Quality Test Slide ------- -------- ------- FIPS 109, PASCAL ------- -------- ------- FIPS 112, Password Usage ------- -------- ------- FIPS 113, Computer Data Authentication ------- -------- ------- FIPS 119, Ada ------- -------- ------- FIPS 120-1, Graphical Kernel System (GKS) ------- -------- ------- FIPS 121, Videotex/Teletext Presentation Level Protocol Syntax (North America PLPS) Page 44 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 CONT. Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles ------- -------- ------- FIPS 123, Specification for a Data Descriptive File for Information Interchange (DDF) ------- -------- ------- FIPS 125, MUMPS Programming Language ------- -------- ------- FIPS 126, Database Language NDL ------- -------- ------- FIPS 127-2, Database Language SQL ------- -------- ------- FIPS 128-1, Computer Graphics Metafile (CGM) ------- -------- ------- FIPS 129, Optical Character Recognition (OCR) Dot Matrix character sets for OCR-MA ------- -------- ------- FIPS 137, Analog to Digital Conversion of Voice by 2400 Bits/Second Linear Predictive Coding ------- -------- ------- FIPS 138, Electrical Characteristics of Balanced Voltage Digital Interface Circuits ------- -------- ------- FIPS 139, Interoperability and Security Requirements for Use of the Data Encryption Standard in the Physical Layer of Data Communications ------- -------- ------- FIPS 140, Security Requirements for Crytographic Modules ------- -------- ------- FIPS 141, Interoperability and Security Requirements for Use of the Data Encryption Standard with CCITT Group 3 Facsimile Equipment ------- -------- ------- FIPS 142, Electrical Characteristics of Unbalanced Voltage Digital Interface Circuits ------- -------- ------- FIPS 143, General Purpose 37-Position and 9-Position Interface Between Data Terminal Equipment and Data Circuit-Terminating Equipment Page 45 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 CONT. Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles ------- -------- ------- FIPS 144, Data Communications Systems and Service-user Oriented Performance Parameters ------- -------- ------- FIPS 146-1, GOSIP: Government Open System Interconnection Profile X ------- -------- ------- FIPS 147, Group 3 Facsimile Apparatus of Document Transmission X ------- -------- ------- FIPS 148, Procedures for Document Facsimile Transmission X ------- -------- ------- FIPS 149, General Aspects of Group 4 Facsimile Apparatus ------- -------- ------- FIPS 150, Facsimile Coding Schemes and Coding Control Functions for Group 4 Facsimile Apparatus ------- -------- ------- FIPS 151-2, Portable Operating System interface (POXIS) - System Appli- cation Interface (C Language) ------- -------- ------- FIPS 152, Standard Generalized Markup Language (SGML) ------- -------- ------- FIPS 153, Programmer's Hierarchical Interactive Graphics System (PHIGS) ------- -------- ------- FIPS 154, High Speed 25-position for Data Terminal Equipment and Data Circuit-terminating Equipment ------- -------- ------- FIPS 155, Data Communication Systems and Services User-oriented Performance Measurement Methods ------- -------- ------- FIPS 156, Information Resource Dictionary System (IRDS) Page 46 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 CONT. Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles ------- -------- ------- FIPS 159, Detail Specifications for 62.5 uM Core Diameter/125 uM Cladding Diameter Class Ia Multimode, Graded-Index Optical Waveguide Fiber ------- -------- ------- FIPS 160, C ------- -------- ------- FIPS 161-1, Electronic Data Inter- change (EDI) ------- -------- ------- FIPS 162, 1,200 Bits per Second Two-Wire for Data Communications use on Telephone-Type Circuits ------- -------- ------- FIPS 163, 2,400 Bits per Second Two-Wire Duplex Modems for Data Communications use on Telephone-Type Circuits ------- -------- ------- FIPS 164, 2,400 Bits per Second Two-Wire Half-Duplex Modems for Data Communications use on Telephone-Type Circuits ------- -------- ------- FIPS 165, 4,800 and 9,600 Bits per Second Four-Wire Duplex and Two-Wire Half-Duplex Modems for Data Communications use on Telephone- Type Circuits ------- -------- ------- FIPS 166, 4,800 Bits per Second Two-Wire Duplex Modems for Data Communications use on Telephone-Type Circuits ------- -------- ------- FIPS 167, 9600 Bits per Second Two-Wire Duplex Modems for Data Communications use on Telephone-Type Circuits ------- -------- ------- FIPS 168, 12,000 and l4,000 Bits per Second Four-Wire Duples Modems for Data Communications use on Telephone-Type Circuits Page 47 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 CONT. Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles ------- -------- ------- FIPS 169, Error Corrections in Modems Employing Asynchronous-To-Synchronous Conversions ------- -------- ------- FIPS 170, Data Compression in Modems Employing CCITT Recommendation V.42 Error Corrections ------- -------- ------- FIPS 171, Key Management Using ANSI X9.17 ------- -------- ------- FIPS 172, VHSIC Hardware Description Language (VHDL) ------- -------- ------- FIPS 173, Spatial Data Transfer Standard (SDTS) ------- -------- ------- FIPS 174, Federal Building Telecommunications Wiring Standard ------- -------- ------- FIPS 175, Federal Building Standard for Telecommunications Pathways and Spaces ------- -------- ------- FIPS 176, Residential and Light Commercial Telecommunications Wiring Standard ------- -------- ------- FIPS 177, Initial Graphical Exchange Standard (IGES) X ------- -------- ------- FIPS 178, Video Teleconferencing Services at 56 to l.920 KBPS ------- -------- ------- FIPS 179, Government Network Management Profile (GNMP) ------- -------- ------- FIPS 180, Secure Hash Algorithm Page 48 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 CONT. Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles ------- -------- ------- FIPS 181, Automated Password Generator X ------- -------- ------- FIPS 182, Integrated Services Digital Network (ISDN) ------- -------- ------- FIPS 183, Integration Definition for Function Modeling (IDEFO) ------- -------- ------- FIPS 184, Integration Definition for Information Modeling (IDEFIX) --------------------------------------------- FEDERAL TELECOMMUNICATIONS STANDARDS (FED-STD) ---------------------------------------------- ------- -------- ------- FED-STD 1002A, Telecommunications: Time and Frequency References Information in Telecommunication Systems Page 49 of 101 RFP-98-005 STANDARDS CHECKLIST AS OF 03/15/94 CONT. Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles ------- -------- ------- FED-STD 1016, Telecommunications: Analog to Digital Conversion of Radio Voice by 4,800 Bit/second Code Excited Linear Prediction (CELP) ------- -------- ------- FED-STD 1023, Telecommunications: Interoperability Requirements for Encrypted Digitized Voice Utilized with 25 KHz Channel FM Radios Operating Above 30 MHZ ------- -------- ------- FED-STD 1035A, Telecommunications: Coding Modulations and Transmission Requirements for Single Channel Medium and High Frequency Radio Telegraph Systems Used In Government ------- -------- ------- FED-STD 1037B, Telecommunications: Glossary of Telecommunications Terms ------- -------- ------- FED-STD 1045A, Telecommunications HF Radio Automatic Link Establishments ------- -------- ------- FED-STD 1046/1, Telecommunications: HF Radio Automatic Networking Section l: Basic Networking-ALE Controller ------- -------- ------- FED-STD 1049/l, Telecommunications: HF Radio Automatic Link Establish- ments in Stressed Environments, Section l: Linking Protection Page 50 of 101 RFP-98-005 PART IV, SECTION K REPRESENTATIONS,CERTIFICATIONS, AND OTHER STATEMENTS OF THE OFFEROR K.1 REPRESENTATION AUTHORITY (ED 310-1) (MARCH 1985) The offeror makes the following Representations and Certifications as part of its proposal (check or complete all appropriate boxes or blanks on the following pages). _________________________________ ____________________ (Name of Offeror) (RFP No.) _________________________________ ____________________ (Signature of (Date) Authorized Individual) ____________________________________________________________________ (TYPED NAME OF AUTHORIZED INDIVIDUAL) Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The Representations and Certifications must be executed by an individual authorized to bind the offeror. K.2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2) (APRIL 1984) (A) The offeror certifies that-- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a formally advertised solicitation) or contract Page 51 of 101 RFP-98-005 award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (B) Each signature on the offer is considered to be a certification by the signatory that the signatory-- (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (A)(1) through (A)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (A)(1) through (A)(3) above __________________________ ______________________________________________________ (ii) As an authorized agent, does certify that the principals named in subdivision (B)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (A)(1) through (A)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (A)(1) through (A)(3) above. (C) If the offeror deletes or modifies subparagraph (A)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. K.3 WOMEN-OWNED BUSINESS (FAR 52.204-5) (DEC 1996) As prescribed in 4.603(b), insert the following provision: (a) Representation. The offeror represents that it [] is [] is not a women-owned business concern. (b) Definition. "Women-owned business concern," as used in this provision, means a concern which is at least 5l percent owned by one or more women; or in the case of any publicly owned business, at least 5l percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. Page 52 of 101 RFP-98-005 (End of provision) K.4 PLACE OF PERFORMANCE (FAR 52.215-20) (APRIL 1984) (A) The offeror or quoter, in the performance of any contract resulting from this solicitation, [_] intends [_] does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or quoter as indicated in this proposal or quotation. (B) If the offeror or quoter checks "intends" in paragraph (A) above, it shall insert in the spaces provided below the required information: Name and Address of Owner Place of Performance and Operator of the Plant or (Street Address, City, Facility if Other than Offeror County, State, Zip Code) or Quoter __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ K.5 CERTIFICATION OF NONSEGREGATED FACILITIES (FAR 52.222-21) (APRIL 1984) (A) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restraurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (B) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract. (C) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific Page 53 of 101 RFP-98-005 time periods) it will-- (1) Obtain identical certifications from proposed subcontractors before the award of the subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OR NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. K.6 DRUG-FREE WORKPLACE (FAR 52.223-6) (JAN 1997) (a) Definitions. As used in this clause-- "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 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. Page 54 of 101 RFP-98-005 "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor. (b) The Contractor, if other than an individual, shall-- within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an ongoing drug-free awareness program to inform such employees about-- (i) The dangers of drug abuse in the workplace; (ii) The Contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; (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: Page 55 of 101 RFP-98-005 (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) though (b)(6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment. (End of clause) K.7 CERTIFICATE OF CURRENT COST OR PRICING DATA (ED 310-5) (MARCH 1985) (When a certificate of cost or pricing data is required to be submitted in accordance with Federal Acquistion Regulation (FAR) 15.804-2, the Contracting Officer will request that the Offeror complete, execute, and submit to the Contracting Officer a certification in the format shown in the following Certificate of Current Cost or Pricing Data. The certification shall be submitted only at the time negotiations are completed. Offerors should complete the certificate set forth below and return it when requested by the Contracting Officer.) This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in Section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's Representative in support of _________________* are accurate, complete, and current as of _________________**. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm _______________________________________________________________ Name _______________________________________________________________ Title ______________________________________________________________ Date of execution*** _______________________________________________ Page 56 of 101 RFP-98-005 *Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). **Insert the day, month, and year when price negotiations were concluded and price agreement was reached. ***Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. K.8 DUPLICATION OF COST (ED 310-6) (MARCH 1985) The offeror represents and certifies that any charges contemplated and included in its estimate of cost for performance are not duplicative of any charges against any other Government contract, subcontract, or other Government source. K.9 EMPLOYER'S IDENTIFICATION NUMBER (ED 310-7) (MARCH 1985) The offeror's Internal Revenue Service "Employer's Identification Number" is _______________________________. K.10 CONTRACTOR IDENTIFICATION NUMBER - DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (FAR 52.204-6) (DEC 1996) (a) Contractor Identification Number, as used in this provision, means "Data Universal Numbering System (DUNS) number," which is a nine-digit number assigned by Dun and Bradstreet Information Services. (b) Contractor identification is essential for complying with statutory contract reporting requirements. Therefore, the offeror is requested to enter, in the block with its name and address on the Standard Form 33 or similar document, the annotation "DUNS" followed by the DUNS number which identifies the offeror's name and address exactly as stated in the offer. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror should call Dun and Bradstreet at l-800-333-0505. The offeror should be prepared to provide the following information: (l) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. Page 57 of 101 RFP-98-005 (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (d) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet Home Page at http://www.dbisna.com/dbis/customer/custlist.htm. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@dbisma.com. (End of provision) K.11 TYPE OF BUSINESS ORGANIZATION (FAR 52.215-6) (JULY 1987) The offeror or quoter, by checking the applicable box, represents that: (a) It operates as [_] a corporation incorporated under the laws of the State of _____________________, [_] an individual, [_] a partnership, [_] a nonprofit organization, or [_] a joint venture. (b) If the offeror or quoter is a foreign entity, it operates as [_] an individual, [_] a partnership, [_] a nonprofit organization, [_] a joint venture, or [_] a corporation registered for business in ______________________ (country). K.12 AUTHORIZED NEGOTIATORS (FAR 52.215-11) (APRIL 1984) The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: TELEPHONE NUMBER NAMES TITLE (INCLUDING AREA CODE) ______________________ __________________ ____________________ ______________________ __________________ ____________________ ______________________ __________________ ____________________ K.13 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (ED 310-10) (APRIL 1984) Offerors or quoters are requested to provide information regarding the following items in sufficient detail to allow a full and complete business evaluation. If the question indicated is not applicable or the answer is none, it should be annotated. If the offeror has previously submitted the information, it should certify the validity of that data currently on file at ED or update all outdated information on file. Page 58 of 101 RFP-98-005 (A) Contractor's Name: _________________________________________ (B) Address (If financial records are maintained at some other location, show the address of the place where the records are kept): ____________________________________________________________ ____________________________________________________________ (C) Telephone Number: __________________________________________ (D) Individual(s) to contact re this proposal: _________________ ____________________________________________________________ (E) Cognizant Government: Audit Agency: ______________________________________________ Address: ___________________________________________________ Auditor: ___________________________________________________ (F) (1) Work Distribution for the Last Completed Fiscal Accounting Period: Sales: Government cost-reimbursement type prime contracts and subcontracts: $_________ Government fixed-price prime contracts and subcontracts: $_________ Commercial Sales: $_________ Total Sales: $_________ (2) Total Sales for first and second fiscal years immediately preceding last completed fiscal year. Total Sales for First Preceding Fiscal Year $_________ Total Sales for Second Preceding Fiscal Year $_________ (G) Is company an ED rate entity or division? ___________________________________________________________ If a division or subsidiary corporation, name parent company: ___________________________________________________________ (H) Date Company Organized: ___________________________________ Page 59 of 101 RFP-98-005 (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? Page 60 of 101 RFP-98-005 Fiscal Year Fringe Benefits _________ __________ Overhead _________ __________ G&A Expense _________ __________ Other _________ __________ (N) Have the proposed indirect cost rate(s) been evaluated and accepted by any Government agency? Yes _______ No_______ If yes, name and location of the Government agency: ______________________________________________________________ Date of last pre-award audit review by a Government agency: ________ (If the answer is no, data supporting the proposed rates must accompany the cost or price proposal. A breakdown of the items comprising overhead and G&A must be furnished.) (O) Cost estimating is performed by: Accounting Department: _________________________________ Contracting Department: _________________________________ Other (describe) ________________________________________ (P) Has system of control of Government property been approved by a Government agency? Yes __________ No __________ If yes, name and location of the Government agency: ___________________________________________________________ (Q) Purchasing Procedures: Are purchasing procedures written? Yes _______ No_______ Has your purchasing system been approved by a Government agency? Yes __________ No __________ If yes, name and location of the Government agency: ___________________________________________________________ (R) Does your firm have an established written incentive compensation or bonus plan? Yes __________ No __________ K.14 SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) (JAN 1997) (a)(1) The standard industrial classification (SIC) code for this acquisition is 8742. Page 61 of 101 RFP-98-005 (2) The small business size standard is $5,000,000. (3) Ths small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representation. (1) The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) (Complete only if offeror represented itself as a small business concern in block (b)(1) of this section.) The offeror represents as part of its offer that it [_] is, [_] is not a small disadvantaged business concern. (3) (Complete only if offeror represented itslef as a small business concern in block (b)(1) of this section.) The offeror represents as part of its offer that it [_] is, [_] is not a women- owned small business concern. (c) Definitions. "Joint venture," for purposes of a small disadvantaged business (SDB) set-aside or price evaluation preference (as pescribed at l3 CFR l24.32), is a concern that is owned and controlled by one or more socially and economically disadvantaged individuals entering into a joint venture agreement with one or more business concerns and is considered to be affiliated for size purposes with such other concern(s). The combined annual receipts or employees of the concerns entering into the joint venture must meet the applicable size standard corresponding to the SIC code designated for the contract. The majority of the venture's earnings must accrue directly to the socially and economically disadvantaged individuals in the SDB concern(s) in the joint venture. The percentage of the ownership involvement in a joint venture by disadvantaged individuals must be at least 5l percent. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standard above. "Small disadvantaged business concern", as used in this provision, means a small business concern that (1) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more of these entities, which has its management and daily business Page 62 of 101 RFP-98-005 controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR Part 124. "Women-owned small business concern", as used in this provision, means a small business concern----- (a) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (b) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Notice. Under 15 U.S.C. 645(d), any person who misrep- resents a firm's status as a small or small disadvantaged business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall - (i) Be punished by imposition of a fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. K.15 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) (APRIL 1984) The offeror represents that-- (A) It [_] has, [_] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (B) It [_] has, [_] has not filed all required compliance reports; and (C) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. Page 63 of 101 RFP-98-005 K.16 AFFIRMATIVE ACTION COMPLIANCE (FAR 52.222-25) (APRIL 1984) The offeror represents that (a) it [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. K.17 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (FAR 52.223-13) (OCT 1996) (a) Submission of the certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1996. (b) By signing this offer, the offeror certifies that - |_| (1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)(42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (FR) as described in sections 313(a)(g) of EPCRA and section 6607 of PPA; or (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the FR filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (check each block that is applicable) |_| (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c); |_| (ii) The facility does not have ten or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); |_| (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CRF 372.27, provided an appropriate certificate form has been filed with EPA); |_| (iv) The facility does not fall within Standard Industrial Classification Code (SIC) designations 20 through 39 as set forth in Section 19.102 of the Federal Acquisition Regulation; Page 64 of 101 RFP-98-005 |_| (v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Somoa, the United States Virgin Islands, and the Northern Mariana Islands, or any other terrotories or possession over which the United States has jurisdiction. (End of Provision) K.18 POST EMPLOYMENT CONFLICT OF INTEREST (ED 310-16) (MARCH 1985) The contractor certifies that in developing a proposal in response to the solicitation for this contract, it has not utilized the services of any former Education Department (ED) employee who, while working for the Government, participated personally and substantially in, or was officially responsible for, the development or drafting of the solicitation for this contract. The contractor further certifies that it did not utilize the services of such an ED employee in assisting or representing the offeror at negotiations for this contract. K.19 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS. (FAR 52.209-5) (MAY 1989) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The Offeror has ( ) has not ( ), within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary Page 65 of 101 RFP-98-005 management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. K.20 TAXPAYER IDENTIFICATION (FAR 52.204-3) (SEPTEMBER 1989) (a) Definitions. "Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services. "Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the Page 66 of 101 RFP-98-005 offeror in reporting income tax and other returns. (b) The offeror is required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to reporting requirements described in 4.902(a), the failure or refusal by the offeror to furnish the information may result in a 20 percent reduction of payments otherwise due under the contract. (c) "Taxpayer Identification Number (TIN). ( ) TIN: _______________. ( ) TIN has been applied for. ( ) TIN is not required because: ( ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.; ( ) Offeror is an agency or instrumentality of a foreign government; ( ) Offeror is an agency or instrumentality of a Federal, state, or local government; ( ) Other. State basis. __________. (d) "Corporate Status". ( ) Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services; ( ) Other corporate entity; ( ) Not a corporate entity; ( ) Sole proprietorship ( ) Partnership ( ) Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a). (e) "Common Parent". ( ) Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause. ( ) Name and TIN of common parent: Name _________________________ TIN _________________________ K.21 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11) (APRIL 1991) (Note: This certification is only applicable to proposals or pending contract awards exceeding $100,000 in value and shall only cover Page 67 of 101 RFP-98-005 activities occurring from December 23, 1989 on.) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation; are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief on or after December 23, 1989, (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. K.22 ORGANIZATIONAL CONFLICTS OF INTEREST CERTIFICATE -- MARKETING CONSULTANTS (FAR 52.209-7) (OCTOBER 1995) (A) Definitions. (1) Marketing consultant means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a government contract by that offeror. An independent Contractor is not a marketing consultant when rendering -- Page 68 of 101 RFP-98-005 (i) Services excluded in subpart 37.2; (ii) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities); (iii) Routine legal, actuarial, auditing,and accounting services; or (iv) Training services. (2) Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. (B) An individual or firm that employs, retains, or engages contractually one or more marketing consultants in connection with a contract, shall submit to the contracting officer, with respect to each marketing consultant, the certificates described below, if the individual or firm is notified that it is the apparent successful offeror. (C) The certificate must contain the following: (1) The name of the agency and the number of the solicitation in question. (2) The name, address, telephone number, and federal taxpayer identification number of the marketing consultant. (3) The name, address and telephone number of a responsible officer or employee of the marketing consultant who has personal knowledge of the marketing consultants involvement in the contract. (4) A description of the nature of the services rendered by or to be rendered by the marketing consultant. (5) The name, address, and telephone number of a responsible officer or employee of the marketing consultant who is knowledgeable about the services provided to such client(s), and a description of the nature of the services rendered to such client(s), if based on information provided to the Contractor by the marketing consultant, any marketing consultant rendering or, in the 12 months preceding the date of the certificate, has rendered services respecting the same subject matter of the instant solicitation, or directly relating to such subject matter, to the Government or any other client (including any foreign government or person). (6) A statement that the person who signs the certificate for the prime Contractor has informed the marketing consultant of the existence of subpart 9.5 and Office of Federal Procurement Policy Letter 89-1. Page 69 of 101 RFP-98-005 (7) The signature, name, title, employer's name, address, and telephone number of the persons who signed the certificates for both the apparent successful offeror and the marketing consultant. (D) In addition, the apparent successful offeror shall forward to the Contracting Officer a certificate signed by the marketing consultant that the marketing consultant has been told of the existence of subpart 9.5 and Office of Federal Procurement Policy Letter 89-1, and the marketing consultant has made inquiry, and to the best of the consultant's knowledge and belief, the consultant has provided no unfair competitive advantage to the prime Contractor with respect to the services rendered or to be rendered in connection with the solicitation, or that any unfair competitive advantage that, to the best of the consultant's knowledge and belief, does or may exist, has been disclosed to the offeror. (E) Failure of the offeror to provide the required certifications may result in the offeror being determined ineligible for award. Misrepresentation of any fact may result in the assessment of penalties associated with false certifications or such other provisions provided for by law or regulation. K.23 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (FAR 52.203-8) (JAN 1997) (a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (4l U.S.C. 423) (the Act), as amended by section 4304 of the l996 National Defense Authorization Act for Fiscal Year l996 (Pub. L. l04-l06), the Government may - (l) Cancel the solicitation, if the contract has not yet been awarded or issued; or (2) Rescind the contract with respect to which - (i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27 (a) or (b) of the Act for the purpose of either - (A) Exchanging the inforamtion covered by such subsections for anything of value; or (B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or (ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct Page 70 of 101 RFP-98-005 constituting an offense punishable under subsections 27(e)(l) of the Act. (b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract. (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract. (End of clause) K.24 ORGANIZATIONAL CONFLICT OF INTEREST (EDAR 3452.209-70) (AUG 1987) The offeror certifies that it [__] is [__] is not aware of any potential organization conflict of interest that it may have under this procurement. If the offeror is aware of any potential conflict of interest, the offeror shall submit a disclosure statement fully describing the situation. An organizational conflict of interest is as defined and illustrated in FAR 9.5. K.25 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (FAR 52.227-15) (JUNE 1987) (a) This solicitation sets forth the work to be performed if a contract award results, and the Government's known delivery requirements for data (as defined in FAR 27.401). Any resulting contract may also provide the government the option to order additional data under the Additional Data Requirements clause at 52.227-16 of the FAR, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data -- General clause at 52.227-14 that is to be included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data in lieu thereof. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor's facility. (b) As an aid in determining the Government's need to include any of the aforementioned Alternates in the clause at 52.227-14, Rights in Data -- General, the offeror's response to this solicitation shall, to the extent feasible, complete the representation in paragraph (b) of this clause to either state that none of the data qualify as limited rights data or restricted computer software, or identify which of the data qualifies as Page 71 of 101 RFP-98-005 limited rights data or restricted computer software. Any identification of limited rights data or restricted computer software in the offeror's response in not determinative of the status of such data should a contract be awarded to the offeror. REPRESENTATION CONCERNING DATA RIGHTS Offeror has reviewed the requirements for the delivery of data or software an states (offeror check appropriate block)-- [ ] None of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software. [ ] Data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ NOTE: "Limited rights data" and "Restricted computer software" are defined in the contract clause entitled "Rights In Data -- General". K.26 CLEAN AIR AND WATER CERTIFICATION (FAR 52.223-1) (APRIL 1984) The Offeror certifies that-- (A) Any facility to be used in the performance of this proposed contract is [_], is not [_] listed on the Environmental Protection Agency List of Violating Facilities; (B) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (C) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. K.27 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (52.230-1) (APR 1996) NOTE: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Page 72 of 101 RFP-98-005 Roman numerals I through III. Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively. I. DISCLOSURE STATEMENT-COST ACCOUNTING PRACTICES AND CERTIFICATION (a) Any contract in excess of $500,000 resulting from this solicitation, except contracts in which the price negotiated is based on (1) established catalog or market prices of commercial items sold in substantial quantities to the general public, or (2) prices set by law or regulation, will be subject to the requirements of the Cost Accounting Standard Board 48 CFR, Chapter 99, except for those contracts which are exempt as specified in 48 CFR 9903.201-1. (b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR, Chapter 99, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. CAUTION: In the absence of specific regulations or agreement, 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.) Page 73 of 101 RFP-98-005 Date of Disclosure Statement: _______________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________ The offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement. ___(2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that Disclosure Statement was filed as follows: Date of Disclosure Statement: _______________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: ____________________________________________ ____________________________________________ ____________________________________________ ____________________________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement. ___(3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $25 million (of which at least one award exceeded $1 million) in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. ___(4) Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of Page 74 of 101 RFP-98-005 this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement. CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $25 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded. II. COST ACCOUNTING STANDARDS-ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE If the offeror is eligible to use the modified provisions of 48 CFR, Subpart 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause. ___ The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because (i) during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror 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 Page 75 of 101 RFP-98-005 and subcontracts. ___ YES ___ NO (End of Provision) ALTERNATE I (APR 1996). As prescribed in 30.201-3(b), add the following subparagraph (c)(5) to Part I of the basic provision: [__] (5) Certificate of Disclosure Statement Due Date by Educational Institution. If the offeror is an educational institution that, under the transition provisions of 48 CFR 9903.202-1(f), is or will be required to submit a Disclosure Statement after receipt of this award, the offeror hereby certifies that (check one and complete): [__] (i) A Disclosure Statement Filing Due Date of ____________________ has been established with the cognizant Federal agency. [__] (ii) The Disclosure Statement will be submitted within the 6-month period ending ____________ months after receipt of this award. Name and Address of Cognizant ACO or Federal Official Where Disclosure Statement is to be Filed: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ Page 76 of 101 RFP-98-005 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.1 TYPE OF CONTRACT (ED 311-1) (MARCH 1986) The Government contemplates award of a Fixed Price type contract from this solicitation. L.2 AVAILABILITY OF THE FEDERAL ADP AND TELECOMMUNICATIONS STANDARDS INDEX (APRIL 1989) Copies of the "Federal ADP and Telecommunications Standards Index" may be obtained by submitting a written request to the Superintendent of Documents; U.S. Government Printing Office; Washington, D.C. 20402. L.3 PRIVACY AND SECURITY SAFEGUARDS FAR 239-1 (AUG 1996) (a) The details of any safeguards the contractor may design or develop under this contract are the property of the Government and shall not be published or disclosed in any manner without the contracting officer's express written consent. (b) The details of any safeguards that may be revealed to the contractor by the Government in the course of performance under this contract shall not be published or disclosed in any manner without the contracting officer's express written consent. (c) The Government shall be afforded full, free, and uninhibited access to all facilities, installations, technical capabilities, operations, documentation, records, and data bases for the purpose of carrying out a program of inspection to ensure continued efficacy and efficiency of safeguards against threats and hazards to data security, integrity, and confidentiality. (d) If new or unanticipated threats or hazards are discovered by either the Government or the contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. Mutual agreement shall then be reached on changes or corrections to existing safeguards or institution of new safeguards, with final determination of appropriateness being made by the Government. The Government's liability is limited to an equitable adjustment of cost for such changes or corrections, and the Government shall not be liable for claims of loss of business, damage to reputation, or damages of any other kind arising from discovery of new or unanticipated threats or hazards, or any pubilic or private disclosure thereof. Page 77 of 101 RFP-98-005 (End of Clause) L.4 GENERAL INSTRUCTIONS (ED 311-2) (FEB 1996) The following instructions establish the acceptable minimum requirements for the format and content of proposals: Your special attention is directed to the requirements for technical and business proposals and past performance report to be submitted in accordance with these instructions. Any resultant contract shall include the general provisions applicable to the selected offeror's organization and type of contract awarded. Copies of general provisions may be obtained by contacting the Contracting Officer. Any additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of execution of the proposed contract, will be included. The proposal must be prepared in three parts: A "Technical Proposal," "Business Proposal," and a "Past Performance Report." Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. The technical proposal must not contain reference to cost; however, resource information, such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the technical proposal so that your understanding of the scope of the work may be evaluated. It must disclose your technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements of the technical proposal instructions. The proposal must be signed by an official authorized to bind your organization. You must submit an original and 8 copies of your technical proposal and an original and 4 copies of your business proposal and an original and one copy of your past performance report to: U. S. Department of Education Application Control Center GSA Building, Room 3633 (Mail Stop 4725) 7th & D Streets, S.W. Washington, D. C. 20202 Hand-carried proposals must be delivered by entering through the 'D' Street entrance of the building and stopping at the Guard's Desk. Offerors are directed to call the Application Control Center (ACC) at 708-8493. Offerors should indicate for which RFP number they are submitting a proposal and should have proper identification. Offerors will be required to sign in and be escorted to ACC where the proposal will be officially received. Offerors should consider this delay in meeting the time specified for proposal receipt. Page 78 of 101 RFP-98-005 You may, at your discretion, submit alternate proposals, or proposals which deviate from the requirements; PROVIDED, that you also submit a proposal for performance of the work, as specified in the statement of work. These proposals may be considered if overall performance would be improved or not compromised and if they are in the best interest of the Government. Alternate proposals, or deviations from any requirements of this RFP, must be clearly identified. The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this request for proposals. Offerors are encouraged to submit proposals on recycled paper with a high post-consumer waste content. It is understood that your proposal will become part of the official contract file. The RFP does not commit the Government to pay any cost for the preparation and submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. To assist you in the preparation of your proposal, the Government estimates the effort to perform this contract to be as stated below. These numbers are furnished for the offeror's information only and are not considered restrictive for proposal purposes. Labor Category Staff Hours 1. Local Interpreter 16,000 2. Local Overtime 350 3. Regional Interpreter 4,000 4. Regional Overtime 250 5. Remote Interpreters 2,700 Total estimated hours for base and option years = 23,330 L.5 TECHNICAL PROPOSAL INSTRUCTIONS (ED 311-3) (MARCH 1986) Proposals which merely offer to conduct a program in accordance with the requirements of the Government's scope of work will not be eligible for award. You must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives. A detailed work plan must be submitted indicating how each aspect of the statement of work is to be accomplished. Your technical approach should be in as much detail as you consider necessary to fully explain your proposed technical approach or method. The Page 79 of 101 RFP-98-005 technical proposal should reflect a clear understanding of the nature of the work being undertaken. The technical proposal must include information on how the project is to be organized, staffed, and managed. Information should be provided which will demonstrate your understanding and management of important events or tasks. You must explain how the management and coordination of consultant and/or subcontractor efforts will be accomplished. The technical proposal must include a list of names and proposed duties of the professional personnel, consultants, and key subcontractor employees assigned to the project. Their resumes should be included and should contain information on education, background, recent experience, and specific requirement related or technical accomplishments. The approximate percentage of time each individual will be available for this project must be included. The proposed staff hours for each of the above individuals should be allocated against each task or subtask for the project. The technical proposal must provide the general background, experience, and qualifications of the organization. Similar or related contracts, subcontracts, or grants should be included and contain the name of the customer, contract or grant number, dollar amount, time of performance, and the names and telephone numbers of the contracting officer's technical representative or project officer and contracting/grants officer. The technical proposal must contain a discussion of present or proposed facilities and equipment which will be used in the performance of the contract. The technical proposal must be prepared and submitted in the following format: ADDITIONAL TECHNICAL PROPOSAL REQUIREMENTS Proposals which merely offer to conduct a program in accordance with the requirements of the Governmentþs scope of work will not be eligible for award. Proposers must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in the project objectives. A detailed work plan must be submitted indicating how each aspect of the performance work statement is to be accomplished. The technical approach should contain as much detail as necessary to fully explain the 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. It must also contain a performance based quality assurance plan. Information should be provided which will demonstrate complete understanding and management of critical tasks and time lines. An explanation of how the management Page 80 of 101 RFP-98-005 and coordination of consultant and/or subcontractor efforts will be accomplished must be provided. The technical proposal must be prepared and submitted in the following format: 1. Abstract A one-page summary shall be provided which will highlight the proposal contents (e.g., objectives, activities, expected outcomes). The narrative should be limited to 250 words. 2. Table of Contents 3. Introduction The offeror shall summarize the purpose and objectives of the project to demonstrate complete understanding of the need and of the intent of each requirement. 4. Baseline Management Plan Provide a list each task, subtask and deliverable and description of how each task, subtask and deliverable will be accomplished. Each each task, subtask and deliverable should be listed in order of substantive relationship, or serially in order of chronological completion dates. Indicate the names of key personnel for each task as well as amount of time to be allocated for each person to each task. As appropriate, indicate significant non-personnel kinds of resources to be applied to each task. 5. Procedural Plan The procedural plan shall fully describe the theoretical and technical approach to comply with each task enumerated in the scope of work. While a general statement of strategy is appropriate, procedures shall be specific with regard to each task. These specifications shall indicate exactly how the work shall be conducted, not merely general approaches and strategies. The procedural plan shall become a part of the contract. An outline of quality control indications for interpreters as related to individual interpreter assignments shall be included. 6. Management Plan The management plan shall show the feasibility of implementing the technical approach through the effective and efficient utilization of resources. The plan shall present a clear description of the working relationships among the offerorþs staff and between the offeror and the Department of Education. Finally, the plan shall contain a method for insuring the timely and successful completion of each work task. Previous experience and expertise in the management of similar projects involving interpreter service provision shall be weighted by evaluation panelists. 7. Personnel Page 81 of 101 RFP-98-005 Offeror personnel with major responsibilities shall be identified as þkey personnelþ and listed by name, title, position, academic background, relevant experience, responsibilities within the project, percentage of time committed to the project, and the extent to which this commitment is assured. Only staff who have agreed to serve on the project shall be identified. It is strongly recommended that the project director be committed for an average of at least forty (40) percent of the time over the entire period of the contract. A list of current interpreting staff and their qualifications shall be included. 8. Facilities and Equipment The proposal shall provide a discussion of present or proposed facilities and equipment which will be used in the performance of the contract. 9. Organization Experience The proposal shall describe the pertinent organizational experience and qualifications in conducting work of a similar nature. Evidence of the proposers ability to deliver services, meet time lines, control costs, maintain sound business relations, and satisfy customers shall be provided. 10. Current Contract Obligations The proposal shall outline both Federal and non-Federal obligations, current and projected, existing during the course of this project. The percentage of time allotted to these projects by proposers personnel shall be identified. Similar or related Federal contracts, subcontracts, or grants shall be listed including the name of the customer/agency, contract or grant number, dollar amount, period of performance, and the names and telephone numbers of the COTR or project officer and CO or grants officer. Non-Federal organizations/agencies shall be identified by name and the names and telephone numbers of the project officers shall be provided. 11. Past Performance The proposal shall list all Federal and non-Federal contracts previously held with the correlating names and telephone numbers of the COTR or project officer and CO or grants officer. The proposal shall also include copies of all performance evaluations submitted by the contracting agencies for all Federal and non-Federal contracts previously held and for past years of current contracts. 12. Eligible Offerors No restrictions on eligible offerors. L.6 PAST PERFORMANCE REPORT (ED 314-1) (MAR 1996) Each offeror shall submit the following information as a separately Page 82 of 101 RFP-98-005 bound part of its proposal for both the offeror and proposed major subcontractors. Major, as defined here and in the remainder of sections L and M regarding past performance, is any subcontractor that is subcontracted for a minimum of 25% of the total contract amount. If the offeror has no relevant corporate or organizational past performance, the offeror may substitute past performance of its management or proposed key personnel. Subcontractors who submit the past performances form must have the prime contractors', for whom they are subcontracting with in this procurement, name on the form also. A. Each offeror shall submit information about its most recent four contracts, completed in the last three years or currently in process, which are of similar size, scope, complexity or, in any way, are relevant to the effort required by this solicitation. If the offeror's last four similar contracts are all currently in process, submit the last three similar contracts currently in process, and the most recent similar contract completed within the last three years. Contracts listed may include those entered into by the Federal Government, agencies of State and local governments and commercial customers. Contracts with the parent or an affiliate of the offeror may not be used. Include the following information for each contract and subcontract: 1. Identification a. Name of the contracting activity b. Program title or product name c. Contract number d. Contract type e. Period of performance, including all option periods f. Contract Value: (1) Initial projected total contract amount including all option periods (2) Final or current projected total contract amount including all option periods g. Points of Contact (1) Contracting officer and telephone and fax number and e-mail address (if known) (2) Administrative contracting officer, if different from above, and telephone and fax number and e-mail address (if known) (3) Program manager, COTR or technical officer and telephone and fax number and e-mail address (if known) 2. Work performed and relevance a. Brief synopsis of work performed b. Brief discussion of how the work performed is relevant to the statement of work in this solicitation 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 Page 83 of 101 RFP-98-005 each period. 4. Paragraph E. below requires you to send a copy of the "Contractor Information Form" to each of your references. In your past performance report, include: a. The date you sent the "Contractor Information Form" to each reference. b. How you sent it (e.g., fax, mail, express delivery service, courier, e-mail, etc.). c. To whom you sent it including telephone and fax number and e-mail address (if known). B. The offeror may provide information on problems encountered on the contracts and subcontracts identified in A above and corrective actions taken to resolve those problems. Other than the information requested in A above, offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references. C. Offerors should understand the difference between experience and past performance. Experience reflects the offeror's capability of performing a requirement. Past performance reflects how well it has performed similar requirements. In assessing past performance, the quality of the offeror's past performance is of primary significance, not the quantity of previous contracts performed. An offeror's experience will be evaluated in the technical proposal. For further guidance on including information on experience or how experience will be evaluated refer to the technical proposal instructions and evaluation criteria. D. The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the product or service required. Such awards or certifications include, for example, the Malcolm Baldrige Quality Award, other government quality awards, and private sector awards or certifications (e.g., the automobile industry's QS 9000, Sematech's SSQA, or ANSI/EIA-599). Identify which segment of the company (one division or the entire company) received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply. Information about awards will be considered in evaluation of each of the past performance subfactors described in Section M. The offeror may describe how the award relates to one or more of the subfactors. E. No later than the date proposals are due under this solicitation (see Block 9 of Standard Form 33), send a copy to each of your four references of the "Contractor Page 84 of 101 RFP-98-005 Performance Information" form attached to this solicitation. Ask each reference to complete the form and return it to the contracting officer as prescribed on the form. Completed forms from references are due l0 calendar days after the date proposals are due under this solicitation. Request that the reference please return the completed form to the contracting officer by this date. Do not ask the reference to give you a copy of the completed form or any information therefrom. F. Each offeror will be evaluated on its performance under existing and prior contracts for similar products or services. Performance information will be used for both responsibility determinations and as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the government. The government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The "Contractor Performance Information" form identified in Section J will be used to collect this information. References other than those identified by the offeror may be contacted by the Government with the information received used in the evaluation of the offeror's past performance. L.7 BUSINESS PROPOSAL INSTRUCTIONS (ED 311-4A) (JUL 1996) The offeror(s) business proposal must contain the following information. This RFP may contain additional RFP-specific business proposal instructions elsewhere in Section L or in Section J. A. Standard Form 33, "Solicitation, Offer and Award", the Special Provision article entitled "Contract Administrator," and "Representations, Certifications, and Other Statements of Offerors or Quoters of Section K" must be properly filled out and signed by an official authorized to bind the offeror. Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFP. B. The information, if any, required by the provision FAR 52.215-41, "Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, Alternative IV" as incorporated in Section L of this solicitation. C. Property and equipment - It is ED policy that contractors provide all equipment and facilities necessary for performance of contracts; however, in some instances, an exception may be granted to furnish Government-owned property or to authorize purchase with contract funds. If additional equipment must be acquired, you must include in your proposal the description and estimated cost of each item, and whether you propose to acquire the item with your own funds. The description shall include the following elements for individual items which will exceed $1,000 in cost: Page 85 of 101 RFP-98-005 (1) A brief statement of function; (2) manufacturer and manufacturer's brand name, model or part number; and (3) vendor and its proposed price. You must identify all Government-owned property in your possession and all property acquired from Federal funds, to which you have title, that is proposed to be used in the performance of the prospective contract. D. Other Administrative Details: (1) The proposal shall list the names and telephone numbers of persons authorized to conduct negotiations. (2) Block 12 of Standard Form 33 must contain a Statement to the effect that your offer is firm for a period of at least 60 calendar days from the date of receipt of offers specified by the Government. E. Responsibility of Prospective Contractor - In order for an offeror to receive a contract, the contracting officer must first make an affirmative determination that the prospective contractor is responsible in accordance with the provisions of FAR 9.104. To assist the contracting officer in this regard, the offeror shall supply sufficient categorical descriptions and statements to establish the following: (1) The offeror's financial capability; including detail for the accounting system and controls employed by the offeror; (2) the offeror's capability to meet delivery or performance schedules; (3) the offeror's record of business integrity; (4) the offeror's possession of necessary organizational experience, technical skills or the ability to obtain them; (5) the offeror's possession of necessary facilities; or the ability to obtain them; and (6) the offeror's compliance with subcontract requirements; and (7) any other special considerations involved in the acquisition. F. The attached vendor payment Enrollment Form is not required to be submitted with your proposal. However, be aware, that should you be awarded this contract, a properly completed Enrollment Form must be submitted to the contracting officer within 5 days of contract award. Please ensure that you have available the financial information required on the form, as Page 86 of 101 RFP-98-005 payment on this contract will be accomplished through EFT. NOTE: THESE DESCRIPTIONS AND STATEMENTS SHOULD ALSO BE INCORPORATED IN THE TECHNICAL PROPOSAL, AS CONDUCIVE OF SEPARATE EXAMINATION BY THE TECHNICAL EVALUATORS DURING THE PROCESS OF TECHNICAL EVALUATION. L.8 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (FAR 52.215-41, ALTERNATE IV) (OCT 1995) (a) Submission of cost or pricing data is not required. (b) Provide information described below: The prices or rates for any individually priced items for both the base period of the contract and any option periods. If a pricing schedule is attached to this RFP, include a completed copy of the pricing schedule. Additional cost-related information is not required under this solicitation. However, the contracting officer may require information during negotiations if the contracting officer determines that additional information is needed to determine the reasonableness of the offeror's price or cost realism. The contracting officer reserves the right to require cost or pricing data if the contracting officer subsequently determines that none of the exceptions under FAR l5.804-l apply and that the contract amount exceeds the threshold at FAR l5.804-2(a)(l). (End of provision) L.9 ADDITIONAL INSTRUCTION FOR PROPOSAL FOR ADP SECURITY COMPLIANCE (ED 311-17) (FEBRUARY 1988) Potential offerors are directed to the security requirements under the clause entitled "Automated Data Processing (ADP) System Security Requirements", ED 307-13. Technical proposals must include a separately detailed plan for meeting these requirments, including any necessary subcontract applications. Submission of these plans shall serve as certifications of the offerors' full intent for compliance. L.10 SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING PLAN (FAR 52.219-9) (OCT 1995) (a) This clause does not apply to small business concerns. (b) "COMMERCIAL PRODUCT," as used in this clause, means a product in regular production that is sold in substantial quantities to the general public and/or industry at established catalog Page 87 of 101 RFP-98-005 or market prices. It also means a product which, in the opinion of the Contracting Officer, differs only insignifi- cantly from the contractor's commercial product. "SUBCONTRACT," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. (c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, which separately addresses subcontracting with small business concerns, with small disadvantaged business concerns and with women-owned small business concerns. If the offeror is submit- ting an individual contract plan, the plan must separately address subcontracting with small business concerns, small disadvantaged business concerns, and women-owned small business concerns with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract. (d) The offeror's subcontracting plan shall include the following: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns, small disadvantaged business concerns and women- owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. (2) A statement of: (i) Total dollars planned to be subcontracted; (ii) Total dollars planned to be subcontracted to small business concerns; (iii) Total dollars planned to be subcontracted to small disadvantaged business concerns; and (iv) Total dollars planned to be subcontracted to women-owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to: (i) small business concerns; (ii) small disadvantaged business concerns; and (iii) women-owned small business concerns. Page 88 of 101 RFP-98-005 (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Procurement Automated Source System (PASS) of the Small Business Administration, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, small disadvantaged business concerns and women-owned small business concerns trade associations). A firm may rely on PASS as its small business source list. Use of the PASS as its source list does not relieve a firm of its responsibilities (i.e., outreach, assistance, counseling, pubicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportinate share of indirect costs to be incurred with (i) small business concerns; (ii) small disadvantaged business concerns; and (iii) small women-owned business concerns. (7) The name of individual employed by the offeror who will administer the offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the offeror will make to assure that small, small disadvantaged and women-owned smaall business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will include the clause on this contract entitled "Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) who receive subcontracts in excess of $500,000 ($1,000,000 for construction of any public facility), to adopt a plan similar to the plan agreed to be the offeror. (10) Assurances that the offeror will: (i) cooperate in any studies or surveys as may be required, (ii) submit periodic reports in order to allow the Government to determine the extent of compliance by the offeror with the subcontracting plan, (iii) submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with Page 89 of 101 RFP-98-005 the instructions on the forms, and (iv) ensure that its subcontractors agree to submit Standard Form 294 and 295. (11) A recitation of the types of records the offeror will maintain to demonstrate procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of its efforts to locate small, small disadvantaged and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): (i) Source lists (e.g., PASS), guides, and other data that identify small, small disadvantaged and women-owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small, small disadvantaged and women-owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating: (a) whether small business concerns were solicited and if not, why not, (b) whether small disadvantaged business concerns were solicited and if not, why not, (c) whether women-owned small business concerns were solicited and if not, why not, and (d) if applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact: (a) trade associations, (b) business development organizations, and (c) conferences and trade fairs to locate to locate small, small disadvantaged and women- owned small business sources. (v) Records of internal guidance and encouragement provided to buyers through: (a) workshops, seminars, training, etc., and (b) monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors Page 90 of 101 RFP-98-005 having company or division-wide annual plans need not comply with this requirement. (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small, small disadvantaged and women-owned small businessconcerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small, small disadvantaged, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small, small disadvantaged and women- owned small business concerns in all "make-or-buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small, small disadvantaged and women- owned small business firms. (4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, small disadvantaged or women-owned small business for the purpose of obtaining a subcontract that is to be included a part or all of a goal contained in the Contractor's subcontracting plan. (f) A master subcontracting plan on a plant or division-wide basis which contains all the elements required by (d) above, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided, (1) the master plan has been approved, (2) the offeror provides copies of the approved master plan and evidence of its approval to the Contracting Officer, and (3) goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g) (1) If a commercial product is offered, the subcontracting plan required by this clause may relate to the offeror's production generally, for both commercial and noncommercial products, rather than solely to the Government contract. In these cases, the offeror shall, Page 91 of 101 RFP-98-005 with the concurrence of the Contracting Officer, submit one company-wide or division-wide annual plan. (2) The annual plan shall be reviewed for approval by the agency awarding the offeror its first prime contract requiring a subcontracting plan during the fiscal year, or by an agency satisfactory to the Contracting Officer. (3) The approved plan shall remain in effect during the offeror's fiscal year for all of the offeror's commercial products. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i) The failure of the Contractor or subcontractor to comply in good faith with: (1) the clause of this contract entitled "Utilization of Small, Small Disadvantaged Business and Women-Owned Small Business Concerns," or (2) an approved plan required by this clause, shall be a material breach of the contract. L.11 EXPLANATION TO PROSPECTIVE OFFERORS (FAR 52.215-14) (APRIL 1984) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specification, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors. L.12 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS (FAR 52.215-10) (MAY 1997) (a) Any proposal received at the office designated in the solicitation after the exact time specified for receipt of offers will not be cconsidered unless it is received before award is made and - (1) It was sent by registered or certified mail not later than the fifth calendar day before the date specified for receive of offers (e.g., an offer submitted in response to a solicitation requiring receipt of Page 92 of 101 RFP-98-005 offers by the 20th of the month must have been mailed by the l5th); (2) It was sent by mail (or telegram or facsimile, if authorized) or hand-carried (including delivery by a commercial carrier) if it is determined by the Government that the late receipt was due primarily to Government mishandling after receipt at the Government installation; (3) It was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term "working days" excludes weekends and U.S. Federal holidays. (4) It was transmitted through an electronic commerce method authorized by the solicitation and was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; (5) There is acceptable evidence to establish that it was received at the activity designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers, and the Contracting Officer determines that accepting the late offer would not unduly delay the procurement; or (6) It is the only proposal received. (b) Any modification of a proposal or quotation, including a modification resulting from the Contracting Officer's request for "best and final" offer, is subject to the same conditions as in subparagraphs (a)(1) through (1)(5) of this provision. (c) The only acceptable evidence to establish the date of mailing of a late proposal or modification sent either by U.S. Postal Service registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the proposal, quotation, or modification shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, offerors or quoters should request the postal clerks to place a legible hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (d) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that Page 93 of 101 RFP-98-005 installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (e) The only acceptable evidence to establish the date of mailing of a late offer, modification, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service - Post Office to Addressee" label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service, "Postmark" has the same meaning as defined in paragraph (d) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offers or quoters should request the postal clerk to place a legible hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (f) Notwithstanding paragraph (A) above, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. (g) Proposals may be withdrawn by written notice or telegram (including mailgram) received at any time before award. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to conditions specified in the provision entitled "Facsimile Proposals." Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award. L.13 FAILURE TO SUBMIT OFFER (FAR 52.215-15) (MAY 1997) Recipients of this solicitation not responding with an offer should not return this solicitation, unless it specifies otherwise. Instead, for paper transactions, they should advise the issuing office by letter, postcard, or established electronic commerce methods, whether they want to receive future solicitations for similar requirements. Electronic solicitations do not require notification of desire to receive future solicitations, since these solicitations will be openly available to any interested party. If a recipient does not submit an offer and does not notify the issuing office that future solicitations are desired, the recipient's name may be removed from the applicable mailing list. (End of Provision) Page 94 of 101 RFP-98-005 L.14 PROVISION FOR EVALUATION FACTOR AMENDMENTS (ED 311-7) (MARCH 1986) It is hereby provided that the evaluation factors for award under Section M herein shall not be modified except by a formal amendment to this solicitation and that no factors other than those set in that section shall be used in the evaluation of the technical proposals. L.15 CONTRACT AWARD (FAR 52.215-16) (OCT 1995) (A) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, cost or price and other factors, specified elsewhere in this solicitation, considered. (B) The Government may (1) reject any or all offers, (2) accept other than the lowest offer, and (3) waive informalities and minor irregularities in offers received. (C) The Government intends to evaluate proposals and award a contract after conducting written or oral discussions with all responsible offerors whose proposals have been determined to be within the competitive range. However, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. (D) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the offer. (E) A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer, as provided in paragraph (D) above), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counter offer by the Government. (F) Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract. However, if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished is incomplete, inaccurate, or not current. (G) The Government may determine that an offer is unacceptable if the prices proposed are materially unbalanced between line items or subline items. An offer is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the offer will result Page 95 of 101 RFP-98-005 in the lowest overall cost to the Government, even though it may be the low evaluated offer, or it is so unbalanced as to be tantamount to allowing as advance payment. (H) The Government may disclose the following information in post- award debriefings to other offerors: (1) the overall evaluated cost or price and technical rating of the successful offeror; (2) the overall ranking of all the offerors, when any ranking was developed by the agency during source selection; (3) a summary of the rationale for award; and (4) for acquisitions of commercial end items, the make and model of the item to be delivered by the successful offeror. (End of provision). L.16 FORMS CLEARANCE PROCESS (ED 311-5) (MARCH 1986) Reference is made to the General Provision entitled "Paperwork Reduction Act." If the contractor has proposed the use of any plan, questionnaire, interview guide or other similar device which calls either for answers to identical questions from ten or more persons other than Federal employees or information from Federal employees which is outside the scope of their employment, any of which is to be used by the Federal Government or disclosed to third parties, clearances from the Deputy Under Secretary for Management or his/her delegate within the Department of Education and the Office of Management and Budget shall first be obtained. Those should be expected to take at least 120 days together. Offerors' proposals shall accordingly reflect that 120 day period in proposal timelines if the Paperwork Reduction Act is applicable. L.17 PROGRESS PAYMENTS NOT INCLUDED (FAR 52.232-15) (APR 1984) A progress payments clause is not included in this solicitation, and will not be added to the resulting contract at the time of award. Bids conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as nonresponsive. L.18 SERVICE OF PROTESTS (FAR 52.233-2) (AUG 1996) ^ (A) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer specified in block l0 of SF-33. (B) The copy of any protest shall be received in the office designated above within one day of filing a protest with GAO. (End of Provision) Page 96 of 101 RFP-98-005 L.19 FACILITIES CAPITAL COST OF MONEY (FAR 52.215-30) (SEPT 1987) (Note: This provision only applies to commercial organizations that are subject to the cost principles in FAR Subpart 31.2.) (a) Facilities capital cost of money will be an allowable cost under the contemplated contract if the criteria for allowability in subparagraph 31.205-10(a)(2) of the Federal Acquisition Regulation are met. One of the allowability criteria requires the prospective contractor to propose facilities capital cost of money in its offer. (b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money. Page 97 of 101 RFP-98-005 SECTION M - EVALUATION FACTORS FOR AWARD M.1 EVALUATION FACTORS FOR AWARD (ALTERNATE I) (ED 312-2) (FEB 1996) (A) The Government will make award to the responsible offeror(s) whose offer conforms to the solicitation and is most advantageous to the Government, cost or price and other factors considered. For this solicitation, price will be a substantial factor in source selection, however quality factors (including technical merit and past performance), considered together, are significantly more important than cost or price. The contracting officer will determine whether the difference in quality is worth the difference in cost or price. (B) Past Performance 1. Each offeror's past performance will be evaluated based on the subfactors below. The past performance rating will be combined with the technical rating at a ratio of 36% past performance to technical to produce a combined quality rating. The relative importance of combined quality factors to cost or price is described in paragraph M.1(A). 2. Past performance subfactors: a. Quality of Product or Service - compliance with contract requirements - accuracy of reports - appropriateness of personnel - technical excellence. b. Problem Resolution - anticipates and avoids or mitigates problems - satisfactorily overcomes or resolves problems - prompt notification of problems - pro-active - effective contractor-recommended solutions. c. Cost Control - within budget - current, accurate and complete billings - costs properly allocated - unallowable costs not billed - relationship of negotiated costs to actual - cost efficiencies. d. Timeliness of Performance - meets interim milestones - reliable - stays on schedule despite problems - responsive to technical direction - completes on time, including wrap-up and contract administration - no liquidated damages assessed. e. Business Relations - effective management - use of performance-based management techniques - business-like concern for the customer's interests - effective management and selection of subcontractors - effective small/small disadvantaged business subcontracting program - reasonable/cooperative behavior - effective use of technology in management and communication - flexible - minimal staff turnover - maintains high Page 98 of 101 RFP-98-005 employee morale - resolves disagreements without being unnecessarily litigious. f. Customer Service - understands and embraces service and program goals - team approach with the customer - satisfaction of end users with the contractor's service - positive customer feedback - prompt responses - courteous interactions - effective escalations and referrals - initiative and proactive improvements - creative service strategies. Bonus Rating--Where the offeror has demonstrated an exceptional performance level in any of the above six subfactors, the contracting officer may give additional consideration for that factor. It is expected that this rating will be used in those rare circumstances when contractor performance clearly exceeds the performance level of "excellent." 3. Past performance evaluation will be based on information obtained from the awards and references listed in the offeror's proposal, other customers known to the Government, consumer protection organizations, and others who may have useful and relevant information. Information will also be considered regarding any major subcontractors, and key personnel records. The contracting officer will give greater consideration to information about an offeror's past performance that the contracting officer considers either more reliable or more relevant to the effort required by this solicitation. 4. Evaluation of past performance may be quite subjective, based on consideration of all relevant facts and circumstances. It will include consideration of the offeror's commitment to customer satisfaction and will include conclusions of informed judgement. 5. Award may be made from the initial offers without discussions. However, if discussions are held, offerors will be given an opportunity to discuss unfavorable past performance information obtained from references, if the offeror has not had a previous opportunity to comment on the information. The contracting officer may review recent contracts to ensure that corrective measures raised in discussions have been implemented. Prompt corrective action in an isolated instance might not outweigh an overall negative trend. 6. If an offeror, or the management or proposed key personnel for the offeror, does not have a past performance history relating to this solicitation, the offeror will receive a neutral evaluation for past performance. (C) Technical Evaluation Criteria: Page 99 of 101 RFP-98-005 Page 100 of 101 RFP-98-005 M.2 EVALUATION OF OPTIONS (FAR 52.217-5) (JULY 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation options will not obligate the Government to exercise the option(s). Page 101 of 101