Solicitation Snapshot File
Issued07/15/98 PR:EDOERI-98-008284
Rating
Solicitation TyRFP
Issue ByCPOD
Contracts and Purchasing Opr., Group D
U.S. Dept. of Education, Rm 3616, ROB-3
Seventh and D Streets SW
Washington, DC 20202-4447
Offer TCPOSSG
Contr. & Purch. Opr., Support Serv. Gr.
U.S. Dept. of Education, Rm 3616, ROB-3
Seventh and D Streets SW
Washington, DC 20202-4443
Ship ToCPOD
Contracts and Purchasing Opr., Group D
U.S. Dept. of Education, Rm 3616, ROB-3
Seventh and D Streets SW
Washington, DC 20202-4447
Delivery B12/31/98
Proposals Due08/14/98
Time:02:00
Copies:9
FOB Flag:Destination
Set-aside FlaU:
Set-aside Type
Funds AvailableYes
SAF:No
Name: Anmarie Lippert Phone:(202) 708-9774
Administered BCPOD
Contracts and Purchasing Opr., Group D
U.S. Dept. of Education, Rm 3616, ROB-3
Seventh and D Streets SW
Washington, DC 20202-4447
Payment Code:PAYOFF
U.S. Department of Education
Payment Management Services, Rm. 3365
600 Independence Avenue SW
Washington, DC 20202-4435
****************************** LINE ITEMS ******************************
Line Item
Number Qty UI-------------------------------------------
0001
1.00 EA
CONTRACT ADMINISTRATION COSTS FOR EDUCATION FACILITIES
CLEARINGHOUSE.
0002
1.00 EA
ADP CONTRACT COSTS FOR EDUCATION FACILITIES CLEARINGHOUSE.
1 301-10
PROVISION FOR PRICING AND PAYMENT (ALTERNATE I)(AUGUST 1985)
The total fixed price of this contract is __________ Payment of that
amount shall be made in accordance with the incorporated General Provision
entitled "Payments" or "Payments under Fixed-Price Research and
Development Contracts," whichever is applicable, and with any other
supplementary payment scheme which may be otherwise negotiated and
specified.
2 302-2
SCOPE OF WORK (FEBRUARY 1985)
The contractor shall furnish all personnel, materials, services, and
facilities necessary to perform the requirements set forth in the
Statement of Work, Attachment A This shall also be done in accordance
with the specified General and Special Provisions and the contractor's
final technical proposal, which are hereby incorporated by reference as a
part of the contract. __________
3 303-1
SHIPMENT AND MARKING (MARCH 1986)
(a) The contract number shall be placed on or adjacent to all exterior
mailing or shipping labels of deliverable items called for by the
contract.
(b) Ship deliverable items to:
U.S. Department of Education
Contracts and Purchasing Operations
ROB-3, Room 3616
7th & D Streets, S.W.
Washington, D.C. 20202-4447
(c) Mark deliverables for:
Anmarie Lippert
4 304-1
INSPECTION AND ACCEPTANCE (FEBRUARY 1985)
Pursuant to the inspection clause, Section I, final inspection and
acceptance of all contracted items shall be made by the Contracting
Officer.
5 305-4
PERIOD OF PERFORMANCE (MARCH 1986)
The period of performance shall be from September 30, 1998 to September
29, 1999 inclusive of all specified deliveries and/or task work.
(End of Section)
ED-98-R-0030 Page B-2
1 305-6
DELIVERABLES (MARCH 1986)
All deliverables shall be submitted in accordance with the kinds,
quantities and dates indicated in the attached Statement of
Work.
2 306-10
GOVERNMENT-FURNISHED DATA (APRIL 1984)
(A) The Government shall deliver to the Contractor the Government-
furnished data described in the contract. If the data is not
delivered on schedule, or is unsuitable for its intended use, the
Contracting Officer shall equitably adjust affected provisions of this
contract in accordance with the "Changes" clause when:
(1) The Contractor submits a timely written request for an
equitable adjustment; and
(2) The facts warrant an equitable adjustment.
(B) Title to Government-furnished data shall remain in the Government.
(C) The Contractor shall use the Government-furnished data only in
connection with this contract.
(D) The data will be furnished to the Contractor as specified in the
Statement of Work
(E) Other treatment and rights shall be in accordance with the
incorporated general provision titled "Government Property".
3 306-12
GOVERNMENT PROPERTY--RESIDUAL INVENTORY (APRIL 1984)
The Contractor is authorized to use in the performance of this contract
the residual inventory presently accountable to Contract No. RK97126001 __________
4 306-13
GOVERNMENT-FURNISHED PROPERTY (MARCH 1985)
The Government will provide the following item(s) of Government property
to the Contractor for use in the performance of this contract. This
property shall be used and maintained by the Contractor in accordance
with other incorporated property-related clauses.
See Statement of Work -- Attachment A
5 306-1a
INVOICE AND CONTRACT FINANCING REQUESTS SUBMISSION
(ALTERNATE I)(MARCH 1988)
(A) Payments shall be rendered in accordance with the payments
clause(s) of the incorporated contract clause section and with those
otherwise specified rated or fixed price amounts.
(B) The contractor shall submit the original and one copy of the
invoice or contract financing request to the Designated Billing Office.
(End of Section)
ED-98-R-0030 Page B-2
Ms. LaShawn Flemming
U.S. Department of Education
Contracts & Purchasing Operations
ROB-3, Room 3616
7th & D Streets, S.W.
Washington, D.C. 20202-4447
NOTE: Invoices or contract financing requests must be sent to the
designated billing office indicated above. Invoices or contract
financing requests should NOT be sent to the "Payment will be made
by" office indicated on the face page of the contract (block 12 of
SF26 or block 25 of SF33).
__________
1 306-2
ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY
(JANUARY 1989)
(A) The contractor shall request written authorization from the
contracting officer before acquiring any contractually necessary
property to which the Government will have title.The request shall
include complete descriptions of all individual items which will
exceed $1,000 in cost, including:
(a) a brief statement of function;
(b) manufacturer and manufacturer's brand name, model or part number;
(c) vendor and its proposed price;
(B) Management of government property in the possession of the contractor
shall be in accordance with FAR Part 45. The contractor shall provide an
annual report of total property acquisition cost, as required by FAR
45.505-14.
2 306-6
GOVERNMENT PROPERTY ADMINISTRATOR (DECEMBER 1986)
The contracting officer shall serve as the contract property
administrator.This responsibility will include arrangement of disposition
on contract termination or expiration under FAR Part 45. The contractor
shall furnish all required information on property to this officer.
3 306-8
CONTRACT ADMINISTRATOR (FEB 1985)
The Contractor shall designate one individual to be contacted during the
period of the contract for prompt contract administration.
__________
__________
(End of Section)
ED-98-R-0030 Page B-2
1 301-20
PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH
DISABILITIES
(FEB 1995)
The contractor shall comply with all applicable requirements of the
Americans with Disabilities Act of 1990 including Section 302, which
provides that:
"No individual shall be discriminated against on the basis of
disability in the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of any place
of public accommodation by any person who owns, leases (or leases
to), or operates a place of public accommodation."
Failure to comply with the Americans with Disabilities Act of 1990, as
amended, shall be considered a failure to comply with the terms of this
contract.
2 307-13
INFORMATION TECHNOLOGY SYSTEM SECURITY
REQUIREMENTS (MARCH 1995)
The Contractor and its subcontractors shall comply with the Information
Technology System Security requirements set forth in:
A. The Statement of Work of this contract;
B. The Privacy Act of 1974 (P.L. 93-579, U.S.C. 552a); and
C. The U.S. Department of Education, Information Technology Security
Manual, Handbook Number 6; including --
Contractors may also consider the use of the Department's Contractor
Self-Certification Program (CSCP) for Personnel with Low Risk ADP-
Related Responsibilities. This program is applicable only to those
employees whose duties have been designated as "Low Risk" by the
government and is designed to allow a contractor to "self-certify"
the trustworthiness of its employees, in lieu of the government-
required investigative process. More detailed information about the
CSCP is set forth in the handbook entitled, "Information Technology
Security Program" Contractor Self-Certification Program for Personnel
with Low Risk ADP-Related Responsibilities."
The Contractor may arrange to review copies of the above referenced
documents by contacting the Contract Specialist at telephone number
202/708-9774 The Contractor shall include this provision in any
subcontract(s) awarded pursuant to this contract.
3 307-14
COMPUTER SYSTEM DESIGN AND IMPLEMENTATION REQUIREMENTS (JUNE
1988)
1. System Development Standards
Information systems shall be developed in accordance with the
ED "Software Life Cycle Management and Documentation
Manual". This manual covers all aspects of developing an
information system. All phases of the system development
process are covered, from definition of the requirements
through post installation review. The standards address the
(End of Section)
ED-98-R-0030 Page B-2
manual processes of collecting, processing and disseminating
data as well as the automated functions. This process
requires the preparation of a statement of requirements,
assessment of alternative solution and cost/benefit analyses
of these alternatives prior to preparation of system design
specifications, programming/debugging and implementation of
the system.
2. Project Documentation Plans
In accordance with system development standards, the project
documentation plan shall be revised at the completion of each
critical phase of development and implementation.
3. Data Control and Validation
All data must be key verified. The data validation specifications
shall provide a detailed explanation of the manual and machine
quality assurance procedures for each data element (range of
values, data consistency, batch controls, etc.) ED will conduct
an acceptance test upon receipt of class data tape. The data are
acceptable if there is an error rate of less than 1% of the data
elements on a random sample of source documents of each type.
4. Programming Language
The Contractor must have prior approval for the use of a
programming language other than COBOL or FORTRAN.
5. System Documentation
Computer systems/data bases developed under this contract shall be
documented in accordance with the ED "Software Life Cycle
Management and Documentation Manual".
6. Computer Software
(a) All computer software development under this
contract becomes the property of the U.S. Government.
In addition, unless specifically exempted by the
Contracting Officer, all computer software used by
the Contractor on this contract (with the exception
of that software already available at the ED computer
facility) must be delivered to the Government without
limitation on the rights of usage and with sufficient
documentation to permit the Government to modify and
enhance the software with the assistance of the
Contractor.
(b) Unless specifically exempted by the Contracting Officer,
all software delivered under this contract must be
executed using the computer equipment available through
procedures and conventions in use at the computer
facility. The Contractor is required to demonstrate the
(End of Section)
ED-98-R-0030 Page B-2
capability of running on the ED computer facility by the
execution of agreed-upon acceptance tests. Specifically,
the Contractor must furnish (1) a test plan and (2)
certification of each acceptance test , as directed by
Chapter 7.0, "System Testing Stage", of the ED "Software
Life Cycle Management and Documentation Manual."
7. Government Furnished Documents
Copies of the ED "Computer Facility User Guide" and the ED
"Software Life Cycle Management and Documentation Manual" will be
furnished on request. Telephone requests should be directed to
Mr. Barry Harvey of the Computer Support Services Branch at
telephone no. (202) 708-8158. Written requests should be directed
as follows:
U.S. Department of Education
OM/Information Resources Group
Room 4682, ROB #3
7th & D Streets, S.W.
Washington, D.C. 20202
8. Federal Information Processing Standards (FIPS)
A list of all applicable FIPS is attached. A file of the FIPS
publications is available for review upon written request to the
following address:
U.S. Department of Education
DUSM, Information Technology Services
(Attn: Departmental IRM Standards Officer)
400 Maryland Avenue, S.W.
Washington, D.C. 20202
These publications may also be ordered from the National Technical
Information Service; U.S. Department of Commerce; Springfield, VA
22161 [Telephone (703) 487-4630].
1 307-17
ORGANIZATIONAL CONFLICTS OF INTEREST
(ED 307-17) (APRIL 1984)
(A) The Contractor warrants that, to the best of the Contractor's
knowledge and belief, there are no relevant facts or circumstances
which could give rise to an organizational conflict of interest, as
defined in FAR Subpart 9.5, or that the Contractor has disclosed all
such relevant information.
(B) The Contractor agrees that if an actual or potential
organizational conflict of interest is discovered after award, the
Contractor will make a full disclosure in writing to the Contracting
Officer. This disclosure shall include a description of actions
which the Contractor has taken or proposes to take, after
consultation with the Contracting Officer, to avoid, mitigate, or
neutralize the actual or potential conflict.
(C) Remedies - The Government may terminate this contract for
(End of Section)
ED-98-R-0030 Page B-2
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).
1 307-2
KEY PERSONNEL DESIGNATION (MARCH 1985)
In accordance with the contract clause entitled "Key Personnel", the
following key personnel are considered to be essential to the work
being performed:
NCEF Director
Associate Director
Acquisition Coordinator
Facilities Architect/Engineer
2 307-3
DUAL COMPENSATION (MARCH 1985)
If a project staff member, subcontractor, or consultant is involved
in two or more projects, at least one of which is supported by
Federal funds, he/she may not be compensated for more than 100
percent of his/her time during any part of the period of dual
involvement. That is, an individual is prohibited from receiving
double payment for any given period of work.
3 307-30
SUBMISSION OF MANDATORY INFORMATION FOR ELECTRONIC
FUNDS TRANSFER PAYMENT (SEPTEMBER 1997)
(a) FAR clause 52.232-33, Mandatory Information for Electronic Funds
Transfer Payments, requires the Contractor to submit information
needed for payment by EFT to the payment office. The Government
intends to use the ACH method for EFT payments, so the Contractor
does not need to submit the information prescribed in subsection
(d)(5) of that clause unless otherwise requested by the Government.
If information previously submitted to the payment office for another
contract will also apply to this contract, the Contractor may inform
the payment office in lieu of resubmitting the information. If
the information submitted will apply to multiple contracts, the
Contractor shall identify which contracts are covered.
(b) The payment office may have access to financial information from
the Central Contractor Registration system or from records related to
another contract between with the Department of Education (ED) and the
(End of Section)
ED-98-R-0030 Page B-2
Contractor. The Contractor agrees that the Government may use such
information to pay an invoice or payment request under this contract,
unless, at least one week prior to the Contractor's submission of the
invoice or payment request, the payment office has received from the
Contractor--
(1) The information required by FAR clause 52.232-33,
Mandatory Information for Electronic Funds Transfer
Payments, OR
(2) A written notification that payments under this contract
should not be made using information from the Central
Contractor Registration system or from information that
the Contractor submitted under another contract with the
Department of Education (ED).
(c) The Contractor shall submit the information and notices required
by this clause and FAR clause 52.232-33, Mandatory Information for
Electronic Funds Transfer Payments to the payment office at the
following address:
Vendor Payment Information
U.S. Department of Education
OCFO/CPO/Support Services Group
Room 3616, ROB-3
600 Independence Ave., SW.,
Washington, DC 20202-4443
1 307-31
YEAR 2000 COMPLIANCE (NOVEMBER 1997)
(a) Each hardware, software, and firmware product delivered or
developed under this contract must be able to accurately process
date/time data (including, but not limited to, calculating, comparing,
and sequencing) from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000 and leap year calculations to
the extent that other information technology, used in combination with
the information technology being acquired, properly exchanges
date/time data with it.
(b) If the contract requires that specific hardware, software,
and firmware products must perform as a system, then the requirements
of paragraph (a) of this clause shall apply to those products as a
system.
(c) With respect to Government-furnished property, the requirements
of paragraph (a) of this clause shall apply only to its proper
installation, unless the Contractor performs some modification or
other work on the property, in which case the requirements of
paragraph (a) of this clause shall extend to the modification or other
work.
(d) The requirements of paragraph (a) of this clause do not apply
to products specified by the Government on a "brand name and model"
basis, unless the product was designed or produced by the contractor
or one of its affiliates.
(End of Section)
ED-98-R-0030 Page B-2
1 307-7a
PUBLICATION AND AUDIO-VISUAL PRODUCTION (MAY 1997)
Except as provided below, neither the development or production of any
publication or audiovisual product is authorized.
In the event that development or production of any publication or
audiovisual product subsequently becomes a contract requirement (expressed
or implied), the contractor shall obtain approval in writing from the
Contracting Officer. Until the contractor obtains such Contracting Officer
approval, no costs for development or production of the publication or
audiovisual product shall be allowable.
The following items are excepted from the approval requirements of this
clause:
1. Up to 50 copies of progress and final reports.
The Contractor shall ensure that any publication or audiovisual product
developed or produced under this contract is compatible with the Department
of Education's responsibilities under the Sections 504 and 508 of the
Rehabilitation Act of 1973,29 U.S.C. 794 and 794d, as amended, to ensure
the accessibility of its programs and activities to individuals with
disabilities.
The contractor shall not distribute or release to the public any
publication or audiovisual product developed or produced under this
contract without written authorization of the Contracting Officer. To
obtain this authorization, the contractor shall submit 2 copies of the
publication or audiovisual product to the Contracting Officer. Since the
Contracting Officer must obtain internal public affairs or other
clearances, the Contractor should plan at least 45 days to obtain
authorization from the Contracting Officer.
Except as may be provided elsewhere, the contractor may develop and produce
at its own expense, results of work under this contract (see Publication
and Publicity).
2 307-8
PAYMENT OF PRINTING TO BE PERFORMED BY THE
GOVERNMENT PRINTING OFFICE (APRIL 1992)
The General Provisions of this contract set forth the Department's
policy regarding printing to be performed in order to meet the terms
of the contract. Should the services of the Government Printing
Office (GPO) be required, the contractor shall request to the
Department of Education to requisition those, subject to the
contractor's provision of a completed SF-1, Printing and Binding
Requisition to the Public Printer. Payment to the GPO shall be made
directly by the Department and charged to the Contract.
(End of Section)
ED-98-R-0030 Page B-2
1 316-1
ACCESSIBILITY OF SOFTWARE (JUNE 1997)
The Department of Education (ED) considers universal accessibility
to information a priority for all its employees and external customers,
including individuals with disabilities. Under Sections 504 and 508
of the Rehabilitation Act of 1973 (29 U.S.C. sections 794 and 794d,
as amended), ED must ensure the accessibility of its programs and
activities, specifically its obligation to acquire and use accessible
electronic and information technology. ED maintains the manual,
"Requirements for Accessible Software Design," to convey the
accessibility needs of the Department to the developers and suppliers
of computer applications. To comply with the provisions of this clause,
the contractor may use the edition of the ED manual "Requirements for
Accessible Software Design" in effect at the date of award of this
contract or any more recent edition. A copy of the most recent
edition of the manual may be found at
ocfo.ed.gov/coninfo/clibrary/software.htm.
(a) Software developed for ED--The contractor shall ensure that any
software developed under this contract for use by ED's employees or
external customers is accessible to individuals with disabilities.
At a minimum, such software must meet all the requirements the ED
manual "Requirements for Accessible Software Design." However, in
accordance with paragraph (d) of this clause, the contracting officer
may waive a particular requirement.
(b) Software enhanced or modified for ED--Any enhancements and other
modifications, made under this contract to software for use by ED's
employees or external customers, are subject to the requirements of
paragraph (a) of this clause, regardless of where or how the software
was first developed. Except as otherwise specified elsewhere in the
contract schedule, the contractor is only required to ensure that the
enhancements or modifications (not other features or parts of the
software) of the software and to suggest solutions to ensure the
software fully complies with the accessibility requirements of
paragraph (a).
(c) Other software delivered under this contract--The contractor
shall consider accessibility to individuals with disabilities as a
significant factor when selecting or purchasing any software that will
be delivered under this contract for use by ED's employees or external
customers.
Unless otherwise specified elsewhere in the contract schedule, the
contractor is not required to obtain a waiver when it is not feasible
for particular software not developed under this contract to fully meet
the accessibility requirements of paragraph (a) of this clause.
However--
(1) In accordance with subparagraphs (c)(2) and (c)(3) of this
clause, the contractor shall give the contracting officer an
opportunity to review and potentially reject the selection or
purchase of any software that will be delivered under this
contract for use by ED's employees or external customers that
does not meet all the requirements of the ED manual"Requirements
(End of Section)
ED-98-R-0030 Page B-2
for Accessible Software Design" and
(i) that has an aggregate total estimated cost or price
of over $500,000 for all copies or licenses of the
software, or
(ii) that the contractor anticipates will be used by more
than ten ED employees or external customers.
(2) At least ten calendar days prior to final selection of any
software that meets the criteria in subparagraph (c)(1) of this
clause, the contractor shall notify the contracting officer in
writing, listing the specific accessibility requirements that would
not be met, explaining how the accessibility of a particular feature
can be achieved by alternative means or why it is not feasible to
make a feature of the software accessible, and explaining any
trade-offs or other reasons for recommending selection of the
software.
(3) Within ten calendar days of the contracting officer's receipt of
a notice under subparagraph (c)(2), if selection of the software may
significantly impair ED's ability to ensure accessibility of its
programs and activities to all its employees and external customers,
including individuals with disabilities, the contracting officer may
reject selection of the software by written notice to the contractor.
(d) Waiver of requirements--It is recognized that new technologies may
provide solutions that are not envisioned in or consistent with the
provisions of the manual "Requirements for Accessible Software Design."
Also, compliance with certain requirements of the manual may not be
feasible for the particular software required. In such extraordinary
circumstances, the contracting officer may grant a waiver, in writing,
to any requirement of the manual or of this clause if it furthers a
public interest of ED and will not significantly impair ED's ability to
ensure accessibility of its programs and activities to all its employees
and external customers, including individuals with disabilities. To
request a waiver, the contractor shall notify the contracting officer
in writing, listing the specific accessibility requirements that would
not be met and explaining how the accessibility of a particular feature
(e) Condition of payment--The contractor agrees that compliance with
the provisions of this clause upon delivery of the software to ED is a
condition of payment under this contract.
1 317-1
ACCOMMODATION/ACCESSIBILITY FOR THE DISABLED (APRIL 1996)
The acquisition and management of Federal Information Processing
(FIP) resources shall be conducted in a manner that ensures access
to computer and telecommunications products and services by all
individuals, both federal employees and the public sector,
including individuals with disabilities. The acquisition, management
and utilization of FIP resources are subject to the computer
accomodation and information accessibility for individuals with
disabilities contained in P.L. 99-506 Reauthorization of the
Rehabilitation Act of 1973, Section 508 - Electronic Equipment
Accessibility, October 1986; and P.L. 100-542 Telecommunications
Accessibility Enhancement Act, October 1988.
(End of Section)
ED-98-R-0030 Page B-2
FIP resources required under this contract include computer
accommodation and information accessibility where the goal
is to ensure full access, integration, and continuity of support to all
individuals, including individuals with disabilities. "Computer
accommodation" means the acquisition or modification of FIP resources
to minimize the functional limitations of individuals with disabilities
so as to promote productivity and provide access to work- related or
public information resources. "Individuals with disabilities" are
individuals with limitations of vision, hearing, speech and/or
mobility. The contractor shall ensure that FIP resources are equally
provided to all individuals, including individuals with disabilities,
guidelines.
1 52.217-8
OPTION TO EXTEND SERVICES (AUG 1989)
The Government may require continued performance of any services within
the limits and at the rates specified in the contract. These rates may
be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. The option provision may be
exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may
exercise the option by written notice to the Contractor within the
period specified in the Schedule.
(Note: Notice shall be given within 30 days after contract
completion.)
2 52.217-9
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)
(a) The Government may extend the term of this contract by written
notice to the Contractor within 30 days of contract expiration; provided,
that the Government shall give the Contractor a preliminary written notice
of its intent to extend at least 60 days before the contract expires. The
preliminary notice does not commit the Government to an extension. (b) If
the Government exercises this option, the extended contract shall be
considered to include this option provision. (c) The total duration of
this contract, including the exercise of any options under this clause,
shall not exceed 60 months
(d) There are four Optional Periods of Performance as follows:
Option Period Start Date End Date Amount
I 09/30/1999 09/29/2000
II 09/30/2000 09/29/2001
III 09/30/2001 09/29/2002
IV 09/30/2002 09/29/2003
__________
(End of Section)
ED-98-R-0030 Page B-2
1 52.230-2
COST ACCOUNTING STANDARDS (APR 1998)
(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 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.
(End of Section)
ED-98-R-0030 Page B-2
(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, Part 9904 or a
CAS rule or regulation in 48 CFR, Part 9903 and as to any cost adjustment
demanded by the United States, such failure to agree will constitute a
dispute under the Contract Disputes Act (41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives of the
Government to examine and make copies of any documents, papers, or records
relating to compliance with the requirements of this clause.
(d) The Contractor shall include in all negotiated subcontracts which
the Contractor enters into, the substance of this clause, except
paragraph (b), and shall require such inclusion in all other subcontracts,
of any tier, including the obligation to comply with all CAS in effect on
the subcontractor's award date or if the subcontractor has submitted cost
or pricing data, on the date of final agreement on price as shown on the
subcontractor's signed Certificate of Current Cost or Pricing Data. If
the subcontract is awarded to a business unit which pursuant to 48 CFR
9903.201-2 is subject to other types of CAS coverage, the substance of the
applicable clause set forth in subsection 30.201-4 of the Federal
Acquisition Regulation shall be inserted. This requirement shall apply
only to negotiated subcontracts in excess of $500,000, except that the
requirement shall not apply to negotiated subcontracts otherwise exempt
from the requirement to include a CAS clause as specified in 48 CFR
9903.201-1.
(End of clause)
1 52.230-3
DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (APR
1998)
(a) The Contractor, in connection with this contract, shall--
(1) Comply with the requirements of 48 CFR 9904.401, Consistency in
Estimating, Accumulating, and Reporting Costs; 48 CFR 9904.402,
Consistency in Allocating Costs Incurred for the Same Purpose; 48 CFR
9904.405, Accounting for Unallowable Costs; and 48 CFR 9904.406, Cost
Accounting Standard--Cost Accounting Period, in effect on the date of
award of this contract as indicated in 48 CFR Part 9904.
(2) (CAS-covered Contracts Only) If it is a business unit of a company
required to submit a Disclosure Statement, disclose in writing its cost
(End of Section)
ED-98-R-0030 Page B-2
accounting practices as required by 48 CFR 9903.202-1 through 9903.202-5.
If the Contractor has notified the Contracting Officer that the
Disclosure Statement contains trade secrets and commercial or financial
information which is privileged and confidential, the Disclosure
Statement shall be protected and shall not be released outside of the
Government.
(3)(i) Follow consistently the Contractor's cost accounting practices.
A change to such practices may be proposed, however, by either the
Government or the Contractor, and the Contractor agrees to negotiate
with the Contracting Officer the terms and conditions under which a
change may be made. After the terms and conditions under which the
change is to be made have been agreed to, the change must be applied
prospectively to this contract, and the Disclosure Statement, if
affected, must be amended accordingly.
(ii) The Contractor shall, when the parties agree to a change to a
cost accounting practice and the Contracting Officer has made the
finding required in 48 CFR 9903.201-6(b), that the change is desirable
and not detrimental to the interests of the Government, negotiate an
equitable adjustment as provided in the Changes clause of this
contract. In the absence of the required finding, no agreement may be
made under this contract clause that will increase costs paid by the
United States.
(4) Agree to an adjustment of the contract price or cost allowance, as
appropriate, if the Contractor or a subcontractor fails to comply with
the applicable CAS or to follow any cost accounting practice, and such
failure results in any increased costs paid by the United States. Such
adjustment shall provide for recovery of the increased costs to the
United States together with interest thereon computed at the annual rate
of interest established under the Internal Revenue Code of 1986 (26
U.S.C. 6621), from the time the payment by the United States was made to
the time the adjustment is effected.
(b) If the parties fail to agree whether the Contractor has complied with
an applicable CAS, rule, or regulation as specified in 48 CFR, Parts 9903
and 9904 and as to any cost adjustment demanded by the United States, such
failure to agree will constitute a dispute under the Contract Disputes Act
(41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives of the
Government to examine and make copies of any documents, papers, and records
relating to compliance with the requirements of this clause.
(d) The Contractor shall include in all negotiated subcontracts, which
the Contractor enters into, the substance of this clause, except paragraph
(b), and shall require such inclusion in all other subcontracts of any
tier, except that--
(1) If the subcontract is awarded to a business unit which pursuant to
48 CFR 9903.201-2 is subject to other types of CAS coverage, the
substance of the applicable clause set forth in subsection 30.201-4 of
the Federal Acquisition Regulation shall be inserted.
(2) This requirement shall apply only to negotiated subcontracts in
excess of $500,000.
(3) The requirement shall not apply to negotiated subcontracts
otherwise exempt from the requirement to include a CAS clause as
specified in 48 CFR 9903.201-1.
(End of clause)
(End of Section)
ED-98-R-0030 Page B-2
1 52.230-5
COST ACCOUNTING STANDARDS--EDUCATIONAL INSTITUTION (APR 1998)
(a) Unless the contract is exempt under 48 CFR 9903.201-1 and
9903.201-2, the provisions of 48 CFR 9903 are incorporated herein by
reference and the Contractor, in connection with this contract, shall--
(1) (CAS-covered Contracts Only). If a business unit of an educational
institution required to submit a Disclosure Statement, disclose in
writing the Contractor's cost accounting practices as required by 48 CFR
9903.202-1 through 9903.202-5, including methods of distinguishing direct
costs from indirect costs and the basis used for accumulating and
allocating indirect costs. The practices disclosed for this contract
shall be the same as the practices currently disclosed and applied on all
other contracts and subcontracts being performed by the Contractor and
which contain a Cost Accounting Standards (CAS) clause. If the
Contractor has notified the Contracting Officer that the Disclosure
Statement contains trade secrets, and commercial or financial information
which is privileged and confidential, the Disclosure Statement shall be
protected and shall not be released outside of the Government.
(2) Follow consistently the Contractor's cost accounting practices in
accumulating and reporting contract performance cost data concerning this
contract. If any change in cost accounting practices is made for the
purposes of any contract or subcontract subject to CAS requirements, the
change must be applied prospectively to this contract and the Disclosure
Statement, if required, must be amended accordingly. If an accounting
principle change mandated under Office of Management and Budget (OMB)
Circular A-21, Cost Principles for Educational Institutions, requires
that a change in the Contractor's cost accounting practices be made after
the date of this contract award, the change must be applied prospectively
to this contract and the Disclosure Statement, if required, must be
amended accordingly. If the contract price or cost allowance of this
contract is affected by such changes, adjustment shall be made in
accordance with subparagraph (a)(4) or (a)(5) of this clause, as
appropriate.
(3) Comply with all CAS, including any modifications and
interpretations indicated thereto contained in 48 CFR 9905 in effect on
the date of award of this contract or, if the Contractor has submitted
cost or pricing data, on the date of final agreement on price as shown on
the Contractor's signed certificate of current cost or pricing data. The
Contractor shall also comply with any CAS (or modifications to CAS) which
hereafter become applicable to a contract or subcontract of the
Contractor. Such compliance shall be required prospectively from the
date of applicability to such contract or subcontract.
(4)(i) Agree to an equitable adjustment as provided in the Changes
clause of this contract if the contract cost is affected by a change
which, pursuant to subparagraph (a)(3) of this clause, the Contractor is
required to make to the Contractor's established cost accounting
practices.
(ii) Negotiate with the Contracting Officer to determine the terms
and conditions under which a change may be made to a cost accounting
practice, other than a change made under other provisions of
subparagraph (a)(4) of this clause; provided that no agreement may be
made under this provision that will increase costs paid by the United
(End of Section)
ED-98-R-0030 Page B-2
States.
(iii) When the parties agree to a change to a cost accounting
practice, other than a change under subdivision (a)(4)(i) or (a)(4)(iv)
of this clause, negotiate an equitable adjustment as provided in the
Changes clause of this contract.
(iv) Agree to an equitable adjustment as provided in the Changes
clause of this contract, if the contract cost is materially affected by
an OMB Circular A-21 accounting principle amendment which, on becoming
effective after the date of contract award, requires the Contractor to
make a change to the Contractor's established cost accounting
practices.
(5) Agree to an adjustment of the contract price or cost allowance, as
appropriate, if the Contractor or a subcontractor fails to comply with an
applicable Cost Accounting Standard, or to follow any cost accounting
practice consistently and such failure results in any increased costs
paid by the United States. Such adjustment shall provide for recovery of
the increased costs to the United States, together with interest thereon
computed at the annual rate established under section 6621 of the
Internal Revenue Code of 1986 (26 U.S.C. 6621) for such period, from the
time the payment by the United States was made to the time the adjustment
is effected. In no case shall the Government recover costs greater than
the increased cost to the Government, in the aggregate, on the relevant
contracts subject to the price adjustment, unless the Contractor made a
change in its cost accounting practices of which it was aware or should
have been aware at the time of price negotiations and which it failed to
disclose to the Government.
(b) If the parties fail to agree whether the Contractor or a
subcontractor has complied with an applicable CAS or a CAS rule or
regulation in 48 CFR 9903, and as to any cost adjustment demanded by the
United States, such failure to agree will constitute a dispute under the
Contract Disputes Act (41 U.S.C. 601).
(c) The Contractor shall permit any authorized representatives of the
Government to examine and make copies of any documents, papers, or records
relating to compliance with the requirements of this clause.
(d) The Contractor shall include in all negotiated subcontracts which
the Contractor enters into, the substance of this clause, except
paragraph (b), and shall require such inclusion in all other subcontracts,
of any tier, including the obligation to comply with all applicable CAS in
effect on the subcontractor's award date or, if the subcontractor has
submitted cost or pricing data, on the date of final agreement on price as
shown on the subcontractor's signed Certificate of Current Cost or Pricing
Data, except that--
(1) If the subcontract is awarded to a business unit which pursuant to
48 CFR 9903.201-2 is subject to other types of CAS coverage, the
substance of the applicable clause set forth in 48 CFR 9903.201-4 shall
be inserted;
(2) This requirement shall apply only to negotiated subcontracts in
excess of $500,000; and
(3) The requirement shall not apply to negotiated subcontracts
otherwise exempt from the requirement to include a CAS clause as
specified in 48 CFR 9903.201-1.
(End of clause)
(End of Section)
ED-98-R-0030 Page B-2
1 52.230-6
ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 1996)
For the purpose of administering the Cost Accounting Standards (CAS)
requirements under this contract, the Contractor shall take the steps
outlined in paragraphs (a) through (g) of this clause:
(a) Submit to the Contracting Officer a description of any cost
accounting practice change, the total potential impact of the change on
contracts containing a CAS clause, and a general dollar magnitude of the
change which identifies the potential shift of costs between CAS-covered
contracts by contract type (i.e., firm-fixed-price, incentive,
cost-plus-fixed fee, etc.) and other contractor business activity. As
related to CAS-covered contracts, the analysis should identify the
potential impact on funds of the various Agencies/Departments (i.e.,
Department of Energy, National Aeronautics and Space Administration, Army,
Navy, Air Force, other Department of Defense, other Government) as follows:
(1) For any change in cost accounting practices required in accordance
with subparagraph (a)(3) and subdivision (a)(4)(i) of the clause at FAR
52.230-2, Cost Accounting Standards; or subparagraph (a)(3) and
subdivisions (a)(4)(i) or (a)(4)(iv) of the clause at FAR 52.230-5, Cost
Accounting Standards--Educational Institution; within 60 days (or such
other date as may be mutually agreed to) after award of a contract
requiring this change.
(2) For any change in cost accounting practices proposed in accordance
with subdivision (a)(4)(ii) or (iii) of the clauses at FAR 52.230-2,
Cost Accounting Standards, and FAR 52.230-5, Cost Accounting
Standards--Educational Institution; or with subparagraph (a)(3) of the
clause at FAR 52.230-3, Disclosure and Consistency of Cost Accounting
Practices, not less than 60 days (or such other date as may be mutually
agreed to) before the effective date of the proposed change.
(3) For any failure to comply with an applicable CAS or to follow a
disclosed practice (as contemplated by subparagraph (a)(5) at FAR
52.230-2, Cost Accounting Standards, and FAR 52.230-5, Cost Accounting
Standards--Educational Institution; or by subparagraph (a)(4) at FAR
52.230-3, Disclosure and Consistency of Cost Accounting Practices):
(i) Within 60 days (or such other date as may be mutually agreed to)
after the date of agreement with the initial finding of noncompliance,
or
(ii) In the event of Contractor disagreement with the initial
finding of noncompliance, within 60 days of the date the Contractor is
notified by the Contracting Officer of the determination of
noncompliance.
(b) After an ACO, or cognizant Federal agency official, determination of
materiality, submit a cost impact proposal in the form and manner specified
by the Contracting Officer within 60 days (or such other date as may be
mutually agreed to) after the date of determination of the adequacy and
compliance of a change submitted pursuant to paragraph (a) of this clause.
The cost impact proposal shall be in sufficient detail to permit
evaluation, determination, and negotiation of the cost impact upon each
separate CAS-covered contract and subcontract.
(1) Cost impact proposals submitted for changes in cost accounting
practices required in accordance with subparagraph (a)(3) and subdivision
(a)(4)(i) of the clause at FAR 52.230-2, Cost Accounting Standards; or
subparagraph (a)(3) and subdivisions (a)(4)(i) or (a)(4)(iv) of the
clause at FAR 52.230-5, Cost Accounting Standards--Educational
(End of Section)
ED-98-R-0030 Page B-2
Institution; shall identify the applicable standard or cost principle and
all contracts and subcontracts containing the clauses entitled Cost
Accounting Standards or Cost Accounting Standards--Educational
Institution, which have an award date before the effective date of that
standard or cost principle.
(2) Cost impact proposals submitted for any change in cost accounting
practices proposed in accordance with subdivisions (a)(4)(ii) or (iii)
of the clauses at FAR 52.230-2, Cost Accounting Standards, and FAR
52.230-5, Cost Accounting Standards--Educational Institution; or with
subparagraph (a)(3) of the clause at FAR 52.230-3, Disclosure and
Consistency of Cost Accounting Practices; shall identify all contracts
and subcontracts containing the clauses at FAR 52.230-2, Cost Accounting
Standards, FAR 52.230-5, Cost Accounting Standards--Educational
Institution, and FAR 52.230-3, Disclosure and Consistency of Cost
Accounting Practices.
(3) Cost impact proposals submitted for failure to comply with an
applicable CAS or to follow a disclosed practice as contemplated by
subparagraph (a)(5) of the clauses at FAR 52.230-2, Cost Accounting
Standards, and FAR 52.230-5, Cost Accounting Standards--Educational
Institution; or by subparagraph (a)(4) of the clause at FAR 52.230-3,
Disclosure and Consistency of Cost Accounting Practices, shall identify
the cost impact on each separate CAS covered contract from the date of
failure to comply until the noncompliance is corrected.
(c) If the submissions required by paragraphs (a) and (b) of this clause
are not submitted within the specified time, or any extension granted by
the Contracting Officer, an amount not to exceed 10 percent of each
subsequent amount determined payable related to the Contractor's
CAS-covered prime contracts, up to the estimated general dollar magnitude
of the cost impact, may be withheld until such time as the required
submission has been provided in the form and manner specified by the
Contracting Officer.
(d) Agree to appropriate contract and subcontract amendments to reflect
adjustments established in accordance with subparagraphs (a)(4) and (a)(5)
of the clauses at FAR 52.230-2, and 52.230-5; or with subparagraphs (a)(3)
or (a)(4) of the Disclosure and Consistency of Cost Accounting Practices
clause at FAR 52.230-3.
(e) For all subcontracts subject to the clauses at FAR 52.230-2,
52.230-3, or 52.230-5--
(1) So state in the body of the subcontract, in the letter of award,
or in both (self-deleting clauses shall not be used); and
(2) Include the substance of this clause in all negotiated
subcontracts. In addition, within 30 days after award of the
subcontract, submit the following information to the Contractor's
cognizant contract administration office for transmittal to the contract
administrative office cognizant of the subcontractor's facility:
(i) Subcontractor's name and subcontract number.
(ii) Dollar amount and date of award.
(iii) Name of Contractor making the award.
(iv) Any changes the subcontractor has made or proposes to make to
cost accounting practices that affect prime contracts or subcontracts
containing the clauses at FAR 52.230-2, 52.230-3, or 52.230-5, unless
these changes have already been reported. If award of the subcontract
results in making one or more CAS effective for the first time, this
fact shall also be reported.
(End of Section)
ED-98-R-0030 Page B-2
(f) Notify the Contracting Officer in writing of any adjustments required
to subcontracts under this contract and agree to an adjustment, based on
them, to this contract price or estimated cost and fee. This notice
is due within 30 days after proposed subcontract adjustments are received
and shall include a proposal for adjusting the higher tier subcontract or
the prime contract appropriately.
(g) For subcontracts containing the clauses at FAR 52.230-2 or 52.230-5,
require the subcontractor to comply with all Standards in effect on the
date of award or of final agreement on price, as shown on the
subcontractor's signed Certificate of Current Cost or Pricing Data,
whichever is earlier.
(End of clause)
1 52.232-33
MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT
(AUG 1996)
(a) Method of payment. Payments by the Government under this contract,
including invoice and contract financing payments, may be made by check or
electronic funds transfer (EFT) at the option of the Government. If
payment is made by EFT, the Government may, at its option, also forward
the associated payment information by electronic transfer. As used in
this clause, the term "EFT" refers to the funds transfer and may also
include the information transfer.
(b) Mandatory submission of Contractor's EFT information. (1) The
Contractor is required, as a condition to any payment under this contract,
to provide the Government with the information required to make payment by
EFT as described in paragraph (d) of this clause, unless the payment
office determines that submission of the information is not required.
However, until January 1, 1999, in the event the Contractor certifies in
writing to the payment office that the Contractor does not have an account
with a financial institution or an authorized payment agent, payment shall
be made by other than EFT. For any payments to be made after January 1,
1999, the Contractor shall provide EFT information as described in
paragraph (d) of this clause.
(2) If the Contractor provides EFT information applicable to multiple
contracts, the Contractor shall specifically state the applicability of
this EFT information in terms acceptable to the payment office.
(c) Contractor's EFT information. Prior to submission of the first
request for payment (whether for invoice or contract financing payment)
under this contract, the Contractor shall provide the information required
to make contract payment by EFT, as described in paragraph (d) of this
clause, directly to the Government payment office named in this contract.
If more than one payment office is named for the contract, the Contractor
shall provide a separate notice to each office. In the event that the EFT
information changes, the Contractor shall be responsible for providing the
changed information to the designated payment office(s).
(d) Required EFT information. The Government may make payment by EFT
through either an Automated Clearing House (ACH) subject to the banking
laws of the United States or the Federal Reserve Wire Transfer System at
the Government's option. The Contractor shall provide the following
information for both methods in a form acceptable to the designated
payment office. The Contractor may supply this data for this or multiple
contracts (see paragraph (b) of this clause).
(1) The contract number to which this notice applies.
(2) The Contractor's name and remittance address, as stated in the
contract, and account number at the Contractor's financial agent.
(End of Section)
ED-98-R-0030 Page B-2
(3) The signature (manual or electronic, as appropriate), title, and
telephone number of the Contractor official authorized to provide this
information.
(4) For ACH payments only:
(i) Name, address, and 9-digit Routing Transit Number of the
Contractor's financial agent.
(ii) Contractor's account number and the type of account (checking,
saving, or lockbox).
(5) For Federal Reserve Wire Transfer System payments only:
(i) Name, address, telegraphic abbreviation, and the 9-digit Routing
Transit Number for the Contractor's financial agent.
(ii) If the Contractor's financial agent is not directly on-line to
the Federal Reserve Wire Transfer System and, therefore, not the
receiver of the wire transfer payment, the Contractor shall also
provide the name, address, and 9-digit Routing Transit Number of the
correspondent financial institution receiving the wire transfer
payment.
(e) Suspension of payment. (1) Notwithstanding the provisions of any
other clause of this contract, the Government is not required to make any
payment under this contract until after receipt, by the designated payment
office, of the correct EFT payment information from the Contractor or a
certificate submitted in accordance with paragraph (b) of this clause.
Until receipt of the correct EFT information, any invoice or contract
financing request shall be deemed not to be a valid invoice or contract
financing request as defined in the Prompt Payment clause of this contract.
(2) If the EFT information changes after submission of correct EFT
information, the Government shall begin using the changed EFT information
no later than the 30th day after its receipt to the extent payment is
made by EFT. However, the Contractor may request that no further
payments be made until the changed EFT information is implemented by the
payment office. If such suspension would result in a late payment under
the Prompt Payment clause of this contract, the Contractor's request for
suspension shall extend the due date for payment by the number of days of
the suspension.
(f) Contractor EFT arrangements. The Contractor shall designate a
single financial agent capable of receiving and processing the electronic
funds transfer using the EFT methods described in paragraph (d) of this
clause. The Contractor shall pay all fees and charges for receipt and
processing of transfers.
(g) Liability for uncompleted or erroneous transfers. (1) If an
uncompleted or erroneous transfer occurs because the Government failed to
use the Contractor-provided EFT information in the correct manner, the
Government remains responsible for (i) making a correct payment, (ii)
paying any prompt payment penalty due, and (iii) recovering any
erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because
Contractor-provided EFT information was incorrect at the time of
Government release of the EFT payment transaction instruction to the
Federal Reserve System, and--
(i) If the funds are no longer under the control of the payment
office, the Government is deemed to have made payment and the
Contractor is responsible for recovery of any erroneously directed
funds; or
(ii) If the funds remain under the control of the payment office, the
(End of Section)
ED-98-R-0030 Page B-2
Government retains the right to either make payment by mail or suspend
the payment in accordance with paragraph (e) of this clause.
(h) EFT and prompt payment. (1) A payment shall be deemed to have been
made in a timely manner in accordance with the Prompt Payment clause of
this contract if, in the EFT payment transaction instruction given to the
Federal Reserve System, the date specified for settlement of the payment
is on or before the prompt payment due date, provided the specified
payment date is a valid date under the rules of the Federal Reserve System.
(2) When payment cannot be made by EFT because of incorrect EFT
information provided by the Contractor, no interest penalty is due after
the date of the uncompleted or erroneous payment transaction, provided
that notice of the defective EFT information is issued to the Contractor
within 7 days after the Government is notified of the defective EFT
information.
(i) EFT and assignment of claims. If the Contractor assigns the
proceeds of this contract as provided for in the Assignment of Claims
clause of this contract, the assignee shall provide the assignee EFT
information required by paragraph (d) of this clause. In all respects,
the requirements of this clause shall apply to the assignee as if it were
the Contractor. EFT information which shows the ultimate recipient of the
transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT
information within the meaning of paragraph (e) of this clause.
(j) Payment office discretion. If the Contractor does not wish to
receive payment by EFT methods for one or more payments, the Contractor
may submit a request to the designated payment office to refrain from
requiring EFT information or using the EFT payment method. The decision
to grant the request is solely that of the Government.
(k) Change of EFT information by financial agent. The Contractor agrees
that the Contractor's financial agent may notify the Government of a
change to the routing transit number, Contractor account number, or
account type. The Government shall use the changed data in accordance
with paragraph (e)(2) of this clause. The Contractor agrees that the
information provided by the agent is deemed to be correct information as
if it were provided by the Contractor. The Contractor agrees that the
agent's notice of changed EFT data is deemed to be a request by the
Contractor in accordance with paragraph (e)(2) that no further payments be
made until the changed EFT information is implemented by the payment
office.
(End of clause)
1 52.237-3
CONTINUITY OF SERVICES (JAN 1991)
(a) The Contractor recognizes that the services under this contract are
vital to the Government and must be continued without interruption and
that, upon contract expiration, a successor, either the Government or
another contractor, may continue them. The Contractor agrees to (1)
furnish phase-in training and (2) exercise its best efforts and
cooperation to effect an orderly and efficient transition to a successor.
(b) The Contractor shall, upon the Contracting Officer's written notice,
(1) furnish phase-in, phase-out services for up to 90 days after this
contract expires and (2) negotiate in good faith a plan with a successor
to determine the nature and extent of phase-in, phase-out services
required. The plan shall specify a training program and a date for
transferring responsibilities for each division of work described in the
(End of Section)
ED-98-R-0030 Page B-2
plan, and shall be subject to the Contracting Officer's approval. The
Contractor shall provide sufficient experienced personnel during the
phase-in, phase-out period to ensure that the services called for by this
contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain
on the job to help the successor maintain the continuity and consistency of
the services required by this contract. The Contractor also shall disclose
necessary personnel records and allow the successor to conduct on-site
interviews with these employees. If selected employees are agreeable to
the change, the Contractor shall release them at a mutually agreeable date
and negotiate transfer of their earned fringe benefits to the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in,
phase-out costs (i.e., costs incurred within the agreed period after
contract expiration that result from phase-in, phase-out operations) and
a fee (profit) not to exceed a pro rata portion of the fee (profit) under
this contract.
(End of clause)
H.21 Special Project Procedures
Both ED and the NCEF may initiate special projects. Special projects may
COTR to the CO for approval. A special project may be initiated by the CO
the COTR by the contractor. Initially, a special project description, ide
for the proposed project shall be furnished to the contractor by the CO, as
both a cost and technical proposal. The contractor shall submit a proposa
days from the date of the request. Technical and cost negotiations will b
The CO shall request a best-and-final proposal, if necessary. The CO will
modification to the contract, incorporating the special project description
deliverables, and the total funding amount of the special project.
The contractor's acceptance of each special project shall be presumed by th
contractor's commencement of the work specified in the negotiated technical
If the contractor finds any special project unacceptable for any reason, th
contact the CO within one (1) business day of receipt of the special projec
shall not begin the work required until the problem has been resolved. Th
cautioned to observe the following instructions:
1. All special project modifications are subject to the terms and condition
In the event of a conflict between the special project and the contract, th
2. The contractor shall not accept special projects that require performanc
end date.
3. The contractor shall not accept special projects that are not issued by
In addition to the suggestions cited above, other examples of special proje
development and prototyping of new full-text products (similar to the Rese
Development Center Full Text CD-ROM project carried out in cooperation with
Facility and the ERIC Document Reproduction Service); the placement of ERIC
CD-ROM in schools; the establishment of new information services that can b
computer networks; international initiatives to exchange information with o
education databases; and the development of new ERIC product lines. These
proposed as individual activities, as activities involving other ERIC compo
collaborative activities involving other federal programs or non-federal in
associations.
(End of Section)
ED-98-R-0030 Page B-2
1 3452.202-1
DEFINITIONS (AUG 1987)
(Reference)
2 3452.208-70
PRINTING (AUG 1987)
(Reference)
3 3452.227-70
PUBLICATION AND PUBLICITY (AUG 1987)
(Reference)
4 3452.227-71
PAPERWORK REDUCTION ACT (AUG 1987)
(Reference)
5 3452.227-72
ADVERTISING OF AWARDS (AUG 1987)
(Reference)
6 3452.242-71
NOTICE TO THE GOVERNMENT OF DELAYS (AUG 1987)
(Reference)
7 3452.242-72
WITHHOLDING OF CONTRACT PAYMENTS (AUG 1987)
(Reference)
8 3452.242-73
ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS
WITH
(Reference)
9 52.203-3
GRATUITIES (APR 1984)
(Reference 3.202)
10 52.203-5
COVENANT AGAINST CONTINGENT FEES (APR 1984)
(Reference 3.404)
11 52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL
1995)
(Reference 3.503-2)
12 52.203-7
ANTI-KICKBACK PROCEDURES (JUL 1995)
(Reference 3.502-3)
13 52.203-8
CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER
ACTIVITY (JAN 1997)
(Reference 3.104-9)
14 52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN
1997)
(Reference 3.104-9)
15 52.203-12
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (JUN
1997)
(Reference)
16 52.204-4
PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER (JUN 1996)
(Reference 4.304)
(End of Section)
ED-98-R-0030 Page B-2
1 52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995)
(Reference 9.409)
2 52.215-2
AUDIT AND RECORDS--NEGOTIATION (AUG 1996)
(Reference)
3 52.215-10
PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
(Reference)
4 52.215-12
SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)
(Reference)
5 52.215-15
TERMINATION OF DEFINED BENEFIT PENSION PLANS (OCT 1997)
(Reference)
6 52.215-18
REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS
(PRB) OTHER
OTHER THAN PENSIONS (OCT 1997)
(Reference)
7 52.215-19
NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(Reference)
8 52.219-9
SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
SUBCONTRACTING
PLAN (AUG 1996)
(Reference 19.708)
9 52.223-2
CLEAN AIR AND WATER (APR 1984)
(Reference 33.106)
10 52.227-16
ADDITIONAL DATA REQUIREMENTS (JUN 1987)
(Reference)
11 52.227-23
RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)
(Reference 27.409)
12 52.232-23
ASSIGNMENT OF CLAIMS (JAN 1986)
(Reference 32.806)
13 52.232-25
PROMPT PAYMENT (JUN 1997)
(Reference)
14 52.233-3
PROTEST AFTER AWARD (AUG 1996)
(Reference 33.106)
15 52.242-15
STOP-WORK ORDER (AUG 1989)
(Reference 42.1305)
16 52.247-63
PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JAN 1997)
(Reference 47.405)
17 52.248-1
VALUE ENGINEERING (MAR 1989)
(Reference 48.201)
(End of Section)
ED-98-R-0030 Page B-2
1 52.248-1 III
VALUE ENGINEERING (MAR 1989)--ALTERNATE III (APR 1984)
(Reference 48.201)
2 52.252-2a
CLAUSES INCORPORATED BY REFERENCE
The addresses referred to in clause 52.252-2 for electronic access
to the full text of clauses are: www.arnet.gov/far for FAR
clauses and ocfo.ed.gov/coninfo/edar.htm for EDAR clauses.
3 52.252-2
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these
address(es):
____________________________________________
____________________________________________
____________________________________________
(End of clause)
(End of clause)
4 FP Services
SECTION I: CLAUSES FOR A NEGOTIATED FIXED-
PRICE SERVICES CONTRACT FEDERAL ACQUISITION
REGULATION(48 CFR CHAPTER 1) CLAUSES
(The following clause shall apply as prescribed under FAR 7.305(c))
52.207-3 Right of First Refusal of Employment (NOV 1991)
(The following clause shall apply when prescribed under
FAR subpart 15.812-2(a). The alternate provision shall
additionally apply when prescribed under 15.812-2(b).)
52.215-14 Integrity of Unit Prices (OCT 1997)
(The following clause shall apply if the contractor did not
propose facilities capital cost of money in its offer.)
52.215-17 Waiver of Facilities Capital Cost of Money(OCT 1997)
(The following clause shall apply if the contractor proposed
facilities capital cost of money in its offer)
52.215-16 Facilities Capital Cost of Money (OCT 1997)
52.219-8 Utilization of Small, Small Disadvantaged &
Women-Owned Small Business Concerns(OCT 1995)
(The following clauses shall apply as prescribed under
FAR subpart 9.708(b), including exemption of
application to 8(a) and other small businesses.)
52.219-9 Small, Small Disadvantaged & Women
-Owned Small Business Subcontracting
Plan (AUG 1996)
52.219-14 Limitation on Subcontracting (DEC 1996)
(End of Section)
ED-98-R-0030 Page B-2
(The following clause shall apply to all contracts
which include the clause FAR 52.219-9, Small
Business and Small Disadvantaged Business
Subcontracting Plan.)
52.219-16 Liquidated Damages-Subcontracting
Plan (OCT 1995)
(The following clause shall be exempted from
application under FAR provisions 52.222-3(a)
through (c).)
52.222-3 Convict Labor (AUG 1996)
(The following clause shall apply when prescribed
under FARsubpart 22.305.)
52.222-4 Contract Work Hours and Safety Standards
Act-- Overtime Compensation (JUL 1995)
(The following clause shall apply when prescribed
under FAR subpart 22.6.)
52.222-20 Walsh-Healy Public Contracts Act(DEC 1996)
52.222-26 Equal Opportunity (APR 1984)
(The following clause shall apply to all RFPs and
Contracts with a life aggregate amount over $1,000,000.)
52.222-28 Equal Opportunity Pre-Award Clearance of
Subcontract (APR 1984)
52.222-35 Affirmative Action for Special Disabled and
Vietnam Era Veterans (APR 1984)
52.222-36 Affirmative Action for Handicapped Workers
(APR 1984)
(Note: The reports required by the following clause
shall be submitted to OASVET (VETS-100); U.S.
Department of Labor; 200 Constitution Avenue, NW;
Washington D.C. 20210.)
52.222-37 Employment Reports on Special
Disabled Veterans and Veterans of
the Vietnam Era (JAN 1988)
(The following clauses shall only apply to
contracts to which the Service Contract Act is applicable.)
52.222-42 Statement of Equivalent Rates for Federal
Hires (MAY 1989)
(Note: List of equivalent rates, if applicable, will be
given in attachment.)
(The following clause shall only apply to contracts (1)
to which the Service Contract Act is applicable and (2)
which are multi-year or contain options to renew.)
52.222-43 Fair Labor Standards Act and Service Contract
Act--Price Adjustment (Multiple Year and
Option Contracts) (MAY 1989)
(The following clause shall only apply to contracts (1) to
which the Service Contract Act is applicable and (2) which
are not multi-year or do not contain options to renew.)
52.222-44 Fair Labor Standards Act and Service Contract
Act -- Price Adjustment (MAY 1989)
(The following clause shall apply to (a) any contract
awarded to an individual -- ie., a contractor having no
more than one employee including the contractor -- or
(b) any contract of $25,000 or more, unless excepted
(End of Section)
ED-98-R-0030 Page B-2
under the provisions of FAR 23.505(b)(1)(3).)
52.223-6 Drug Free Workplace (JAN 1997)
52.223-14 Toxic Chemical Release Reporting (OCT 1996)
52.225-3 Buy American Act - Supplies (JAN 1989)
52.225-11 Restrictions on Certain Foreign Purchases(OCT 1996)
(The following clause shall apply to all but specified
research and development contracts.)
52.227-1 Authorization and Consent (JUL 1995)
(The following clauses shall apply to only specified
research and development contracts.)
52.227-1 Authorization and Consent - Alternate I(APR 1984)
52.227-2 Notice and Assistance Regarding Patent
and Copyright Infringement (AUG 1996)
52.229-3 Federal, State, and Local Taxes (JAN 1991)
(The following clause shall apply if this is a Fixed Price
Services contract.)
52.232-1 Payments (APR 1984)
(The following clause shall apply in lieu of 52.232-1 if this is a
Fixed Price Research and Development Contract),
52.232-2 Payments under Fixed-Price Research and Development
Contracts (APR 1984)
52.232-9 Limitation on Withholding of Payments(APRIL 1984)
52.232-16 Progress Payments (JULY 1991)(Applicable to:
Fixed Price Contracts.)
52.232-17 Interest (JUN 1996)
52.233-1 Disputes (AUG 1996)
52.233-3 Protest After Award (OCT 1995)
52.243-1 Changes - Fixed Price (AUGUST 1987)
52.242-13 Bankruptcy (JUL 1995)(Applicable for
all solicitations and contracts)
52.244-1 Subcontracts Under Fixed-Price Contracts
(Over $500,000) (APRIL 1991)
52.244-5 Competition in Subcontracting (DEC 1996)
(If the contract prices are not based on adequate price
competition, established catalogue or market prices
of commercial items sold in substantial quantities to
the general public, or prices set by law or regulation,
the following clause is applicable.)
52.245-2 Government Property (Fixed Price Contracts)
(DEC 1992) -Alternate I (DEC 1992)
OR
(If this contract is for the conduct of basic or applied research
at nonprofit institutions of higher education at nonprofit
organizations whose primary purpose is the conduct of
scientific research, the following clause is applicable.)
52.245-2 Government Property (Fixed-Price Contracts)
(APRIL 1984) Alternate II (APRIL 1984)
52.246-4 Inspection of Services-Fixed Price (AUG 1996)
52.246-16 Responsibilities of Supplies (APRIL 1984)
(The following clause shall apply if designated.)
52.247-29 F.O.B. Origin (JUN 1988)
52.246-25 Limitation of Liability-Services (FEB 1997)
(The following clause shall apply if designated.)
52.247-34 F.O.B. Destination (NOV 1991)
(End of Section)
ED-98-R-0030 Page B-2
(If the contract is awarded to other than educational or
nonprofit institution on a no-profit basis, the following
clause is applicable.)
52.249-2 Termination for Convenience of the
Government (Fixed Price) (SEPT 1996)
OR
(If the contract is awarded to an educational or nonprofit
institution on a no-profit basis, the following clause is
applicable.)
52.249-5 Termination for the Convenience of the Government
(Educational and Other Nonprofit Institutions)
(SEP 1996)
(This clause is not applicable if the contract is awarded on a
no-fee basis to an educational or nonprofit institution.)
52.249-8 Default (Fixed-Price Supply and Service Development)
(April 1984)
52.249-9 Default (Fixed Price Research and Development)(APRIL 1984)
(If the contract is awarded on a fee basis, the following
clause is applicable.)
52.249-14 Excusable Delays (APRIL 1984)
52.253-1 Computer Generated Forms (JAN 1991)
DEPARTMENT OF EDUCATION ACQUISITION REGULATION (EDAR) CLAUSES
(48 CFR CHAPTER 34)
(The following clause shall apply to all contracts with
educational institutions, hospitals, and State and local
governments.)
3452.232-70 Prohibition Against the Use of ED Funds to
Influence Legislation or Appropriations
(AUGUST 1987)
(end of clause)
1 309-1a
LIST OF ATTACHMENTS (APRIL 1984)
Attachment A -- Statement of Work
Attachment B -- Past Performance Form
Attachment C -- NCEF Clearinghouse Pricing Sheet
Attachment D -- Budget for Price Proposal
Attachment E -- Task Loading Chart
Attachment F -- Small Business & Small Disadvantage Business
Subcontracting Plan
Attachment G -- Standards Checklist
(End of Section)
ED-98-R-0030 Page B-2
Attachment H -- References on Microfische entitled "ERIC CLEARINGHOUSE
COMPETITION RFP 98-0009"
1 310-1
REPRESENTATION AUTHORITY (MARCH 1985)
The offeror makes the following Representations and Certifications as
part of its proposal (check or complete all appropriate boxes or
blanks on the following pages).
_________________________________ ____________________
(Name of Offeror) (RFP No.)
_________________________________ ____________________
(Signature of (Date)
Authorized Individual)
____________________________________________________________________
(TYPED NAME OF AUTHORIZED INDIVIDUAL)
Note: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.
The Representations and Certifications must be executed by an
individual authorized to bind the offeror.
2 310-10
GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (APRIL 1984)
Offerors or quoters are requested to provide information regarding
the following items in sufficient detail to allow a full and
complete business evaluation. If the question indicated is not
applicable or the answer is none, it should be annotated. If the
offeror has previously submitted the information, it should
certify the validity of that data currently on file at ED or
update all outdated information on file.
(A) Contractor's Name: _________________________________________
(B) Address (If financial records are maintained at some other
location, show the address of the place where the records
are kept):
____________________________________________________________
____________________________________________________________
(C) Telephone Number: __________________________________________
(D) Individual(s) to contact re this proposal: _________________
____________________________________________________________
(E) Cognizant Government:
Audit Agency: ______________________________________________
Address: ___________________________________________________
Auditor: ___________________________________________________
(F) (1) Work Distribution for the Last Completed Fiscal
Accounting Period:
Sales:
Government cost-reimbursement type prime
(End of Section)
ED-98-R-0030 Page B-2
contracts and subcontracts: $_________
Government fixed-price prime contracts
and subcontracts: $_________
Commercial Sales: $_________
Total Sales: $_________
(2) Total Sales for first and second fiscal
years immediately preceding last completed
fiscal year.
Total Sales for First Preceding Fiscal Year $_________
Total Sales for Second Preceding Fiscal Year $_________
(G) Is company an ED rate entity or division?
___________________________________________________________
If a division or subsidiary corporation, name parent
company:
___________________________________________________________
(H) Date Company Organized: ___________________________________
(I) Manpower:
Total Employees: __________________________________________
Direct: ___________________________________________________
Indirect: _________________________________________________
Standard Work Week (Hours): _______________________________
(J) Commercial Products: ______________________________________
___________________________________________________________
(K) Attach a current organizational chart of the company.
(L) Description of Contractor's system of estimating and
accumulating costs under Government contracts. (Check
appropriate blocks.)
Estimated/ Standard
Actual Cost Cost
Estimating System
Job Order ___________ ________
Process ___________ ________
Accumulating System
Job Order ___________ ________
Process ___________ ________
Has your cost estimating system been approved by any
Government agency? Yes __________ No __________
If yes, give name and location of agency: ________________
____________________________________________________________
Has your cost accumulation system been approved by any
Government agency? Yes __________ No __________
If yes, give name and address of agency: __________________
____________________________________________________________
(M) What is your fiscal year period?
(Give month-to-month dates):
____________________________________________________________
What were the indirect cost rates for your last completed
fiscal year?
Fiscal Indirect Basis
Year Cost Rate Allocation
Fringe Benefits _________ __________
Overhead _________ __________
G&A Expense _________ __________
Other _________ __________
(End of Section)
ED-98-R-0030 Page B-2
(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 __________
1 310-16
POST EMPLOYMENT CONFLICT OF INTEREST (MARCH 1985)
The contractor certifies that in developing a proposal in response to
the solicitation for this contract, it has not utilized the services
of any former Education Department (ED) employee who, while working
for the Government, participated personally and substantially in, or
was officially responsible for, the development or drafting of the
solicitation for this contract. The contractor further certifies
that it did not utilize the services of such an ED employee in
assisting or representing the offeror at negotiations for this
contract.
2 310-5
CERTIFICATE OF CURRENT COST OR PRICING DATA (MARCH 1985)
(When a certificate of cost or pricing data is required to be
submitted in accordance with Federal Acquistion Regulation (FAR)
15.403-4, the Contracting Officer will request that the Offeror
complete, execute, and submit to the Contracting Officer a
certification in the format shown in the following Certificate of
Current Cost or Pricing Data. The certification shall be submitted
only at the time negotiations are completed. Offerors should
complete the certificate set forth below and return it when requested
by the Contracting Officer.)
This is to certify that, to the best of my knowledge and belief, the
cost or pricing data (as defined in Section 15.403 of the Federal
Acquisition Regulation (FAR) and required under FAR subsection
15.403-4) submitted, either actually or by specific identification in
(End of Section)
ED-98-R-0030 Page B-2
writing, to the Contracting Officer or to the Contracting Officer's
Representative in support of _________________(1) are accurate,
complete, and current as of _________________(2). This certification
includes the cost or pricing data supporting any advance agreements
and forward pricing rate agreements between the offeror and the
Government that are part of the proposal.
Firm _______________________________________________________________
Name _______________________________________________________________
Title ______________________________________________________________
Date of execution (3)_______________________________________________
(1).Identify the proposal, quotation, request for price adjustment, or
other submission involved, giving the appropriate identifying number
(e.g., RFP No.).
(2).Insert the day, month, and year when price negotiations were
concluded and price agreement was reached.
(3).Insert the day, month, and year of signing, which should be as
close as practicable to the date when the price negotiations were
concluded and the contract price was agreed to.
1 310-6
DUPLICATION OF COST (MARCH 1985)
The offeror represents and certifies that any charges contemplated
and included in its estimate of cost for performance are not
duplicative of any charges against any other Government contract,
subcontract, or other Government source.
2 52.203-2
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that--
(1) The prices in this offer have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other offeror or competitor relating
to (i) those prices, (ii) the intention to submit an offer, or (iii) the
methods or factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not be knowingly
disclosed by the offeror, directly or indirectly, to any other offeror or
competitor before bid opening (in the case of a sealed bid solicitation)
or contract award (in the case of a negotiated solicitation) unless
otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce
any other concern to submit or not to submit an offer for the purpose of
restricting competition.
(b) Each signature on the offer is considered to be a certification by
the signatory that the signatory--
(1) Is the person in the offeror's organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any action
contrary to subparagraphs (a)(1) through (a)(3) of this provision; or
(2)(i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) of this provision___________________
(End of Section)
ED-98-R-0030 Page B-2
________________________________________________________________________
[insert full name of person(s) in the offeror's organization responsible
for determining the prices offered in this bid or proposal, and the
title of his or her position in the offeror's organization];
(ii) As an authorized agent, does certify that the principals named
in subdivision (b)(2)(i) of this provisione have not participated, and
will not participate, in any action contrary to subparagraphs (a)(1)
through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this
provision, the offeror must furnish with its offer a signed statement
setting forth in detail the circumstances of the disclosure.
(End of provision)
1 52.203-11
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN
FEDERAL TRANSACTIONS (APR 1991)
(a) The definitions and prohibitions contained in the clause, at FAR
52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation, are hereby incorporated by
reference in paragraph (b) of this certification.
(b) The offeror, by signing its offer, hereby certifies to the best of
his or her knowledge and belief that on or after December 23, 1989--
(1) No Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress on his or her behalf in connection
with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan, or
cooperative agreement;
(2) If any funds other than Federal appropriated funds (including
profit or fee received under a covered Federal transaction) have been
paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with this solicitation, the offeror
shall complete and submit, with its offer, OMB standard form LLL,
Disclosure of Lobbying Activities, to the Contracting Officer; and
(3) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of
subcontract awards in excess of $100,000 shall certify and disclose
accordingly.
(c) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352, title
31, United States Code. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure form to
be filed or amended by this provision, shall be subject to a civil penalty
of not less than $10,000, and not more than $100,000, for each such
failure.
(End of provision)
(End of Section)
ED-98-R-0030 Page B-2
1 52.204-3
TAXPAYER IDENTIFICATION (JUN 1997)
(a) Definitions.
"Common parent," as used in this solicitation provision, means that
corporate entity that owns or controls an affiliated group of corporations
that files its Federal income tax returns on a consolidated basis, and of
which the offeror is a member.
"Corporate status," as used in this solicitation provision, means a
designation as to whether the offeror is a corporate entity, an
unincorporated entity (e.g., sole proprietorship or partnership), or a
corporation providing medical and health care services.
"Taxpayer Identification Number (TIN)," as used in this solicitation
provision, means the number required by the IRS to be used by the offeror
in reporting income tax and other returns.
(b) All offerors are required to submit the information required in
paragraphs (c) through (e) of this solicitation provision in order to
comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and
implementing regulations issued by the Internal Revenue Service (IRS). If
the resulting contract is subject to the reporting requirements described
in FAR 4.903, the failure or refusal by the offeror to furnish the
information may result in a 31 percent reduction of payments otherwise due
under the contract.
(c) Taxpayer Identification Number (TIN).
/_/ TIN:____________________________.
/_/ TIN has been applied for.
/_/ TIN is not required because:
/_/ Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the U.S. and does not have an office or
place of business or a fiscal paying agent in the U.S.;
/_/ Offeror is an agency or instrumentality of a foreign government;
/_/ Offeror is an agency or instrumentality of a Federal, state, or
local government;
/_/ Other. State basis.___________________________________________
(d) Corporate Status.
/_/ Corporation providing medical and health care services, or engaged
in the billing and collecting of payments for such services;
/_/ Other corporate entity;
/_/ Not a corporate entity:
/_/ Sole proprietorship
/_/ Partnership
/_/ Hospital or extended care facility described in 26 CFR 501(c)(3)
that is exempt from taxation under 26 CFR 501(a).
(e) Common Parent.
/_/ Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this provision.
/_/ Name and TIN of common parent:
Name_________________________________________________
TIN__________________________________________________
(End of provision)
(End of Section)
ED-98-R-0030 Page B-2
1 52.204-5
WOMEN-OWNED BUSINESS (OCT 1995)
(a) Representation. The offeror represents that it /_/ is, /_/ is
not a women-owned business concern.
(b) Definition. "Women-owned business concern," as used in this
provision, means a concern which is at least 51 percent owned by one or
more women; or in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more women; and whose
management and daily business operations are controlled by one or more
women.
(End of provision)
2 52.204-6
DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 1998)
(a) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation "DUNS" followed by the DUNS
number that identifies the offeror's name and address exactly as stated in
the offer. The DUNS number is a nine-digit number assigned by Dun and
Bradstreet Information Services.
(b) If the offeror does not have a DUNS number, it should contact Dun and
Bradstreet directly to obtain one. A DUNS number will be provided
immediately by telephone at no charge to the offeror. For information on
obtaining a DUNS number, the offeror, if located within the United States,
should call Dun and Bradstreet at 1-800-333-0505. The offeror should be
prepared to provide the following information:
(1) Company name.
(2) Company address.
(3) Company telephone number.
(4) Line of business.
(5) Chief executive officer/key manager.
(6) Date the company was started.
(7) Number of people employed by the company.
(8) Company affiliation.
(c) Offerors located outside the United States may obtain the location
and phone number of the local Dun and Bradstreet Information Services
office from the Internet Home Page at http://www.dnb.com/. If an offeror
is unable to locate a local service center, it may send an e-mail to Dun
and Bradstreet at globalinfo@mail.dnb.com.
(End of provision)
3 52.209-5
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND
OTHER RESPONSIBILITY MATTERS (MAR 1996)
(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that--
(i) The Offeror and/or any of its Principals--
(A) Are / / are not / / presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any
Federal agency;
(B) Have / / have not / /, within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered
against them for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a
(End of Section)
ED-98-R-0030 Page B-2
public (Federal, state, or local) contract or subcontract; violation
of Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements,
tax evasion, or receiving stolen property; and
(C) Are / / are not / / presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with,
commission of any of the offenses enumerated in subdivision
(a)(1)(i)(B) of this provision.
(ii) The Offeror has / / has not / /, within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.
(2) "Principals," for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF
AN AGENCY
OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR
FRAUDULENT
CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION
UNDER SECTION
1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide immediate written notice to the Contracting
Officer if, at any time prior to contract award, the Offeror learns that
its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered in
connection with a determination of the Offeror's responsibility. Failure
of the Offeror to furnish a certification or provide such additional
information as requested by the Contracting Officer may render the Offeror
nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of
business dealings.
(e) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an erroneous
certification, in addition to other remedies available to the Government,
the Contracting Officer may terminate the contract resulting from this
solicitation for default.
(End of provision)
1 52.215-4
TYPE OF BUSINESS ORGANIZATION (OCT 1997)
The offeror or respondent, by checking the applicable box, represents
that--
(a) It operates as /_/ an individual, /_/ a partnership, /_/ a nonprofit
organization, /_/ a joint venture, or /_/ a corporation incorporated under
the laws of the State of _______.
(b) If the offeror or respondent is a foreign entity, it operates as /_/
an individual, /_/ a partnership, /_/ a nonprofit organization, /_/ a joint
(End of Section)
ED-98-R-0030 Page B-2
venture, or /_/ a corporation, registered for business in (country) _____.
(End of provision)
1 52.215-6
PLACE OF PERFORMANCE BUSINESS (OCT 1997)
(a) The offeror or respondent, in the performance of any contract
resulting from this solicitation, /__________ intends, / __________ ,
does not intend to use one or more plants or facilities located at a
different address from the address of the offeror or respondent as
indicated in this proposal or response to request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a) of
this provision, it shall insert in the following spaces the required
information:
__________________________________________________________________________
PLACE OF PERFORMANCE (STREET NAME AND ADDRESS OF OWNER
AND
ADDRESS, CITY, STATE, COUNTY, ZIP OPERATOR OF THE PLANT OR
FACILITY
CODE) IF OTHER THAN OFFEROR OR RESPONDENT
___________________________________________________________________________
_________________________________ _______________________________
_________________________________ _______________________________
___________________________________________________________________________
(End of provision)
2 52.219-1
SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 1998)
(a)(1) The standard industrial classification (SIC) code for this
acquisition is 8741
(2) The small business size standard is $5 million
(3) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer
that it /_ / is, /_ / is not a small business concern.
(2) (Complete only if offeror represented itself as a small business
concern in paragraph (b)(1) of this provision.) The offeror represents
as part of its offer that it /_ / is, /_ / is not a small disadvantaged
business concern.
(3) (Complete only if offeror represented itself as a small business
concern in paragraph (b)(1) of this provision.) The offeror represents
as part of its offer that it /_ / is, /_ / is not a women-owned small
business concern.
(c) Definitions. "Joint venture," for purposes of a small disadvantaged
business (SDB) set-aside or price evaluation preference (as prescribed at
13 CFR 124.321), is a concern that is owned and controlled by one or more
socially and economically disadvantaged individuals entering into a joint
venture agreement with one or more business concerns and is considered to
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
(End of Section)
ED-98-R-0030 Page B-2
must be at least 51 percent.
"Small business concern," as used in this provision, means a concern,
including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government
contracts, and qualified as a small business under the criteria in 13 CFR
Part 121 and the size standard in paragraph (a) of this provision.
"Small disadvantaged business concern," as used in this provision, means
a small business concern that (1) is at least 51 percent unconditionally
owned by one or more individuals who are both socially and economically
disadvantaged, or a publicly owned business having at least 51 percent of
its stock unconditionally owned by one or more socially and economically
disadvantaged individuals, and (2) has its management and daily business
controlled by one or more such individuals. This term also means a small
business concern that is at least 51 percent unconditionally owned by an
economically disadvantaged Indian tribe or Native Hawaiian Organization,
or a publicly owned business having at least 51 percent of its stock
unconditionally owned by one or more of these entities, which has its
management and daily business controlled by members of an economically
disadvantaged Indian tribe or Native Hawaiian Organization, and which
meets the requirements of 13 CFR Part 124.
"Woman-owned small business concern," as used in this provision, means a
small business concern--
(1) Which is at least 51 percent owned by one or more women or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by
one or more women.
(d) Notice. (1) If this solicitation is for supplies and has been set
aside, in whole or in part, for small business concerns, then the clause
in this solicitation providing notice of the set-aside contains
restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's
status as a small or small disadvantaged business concern in order to
obtain a contract to be awarded under the preference programs established
pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or
any other provision of Federal law that specifically references section
8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and
debarment; and
(iii) Be ineligible for participation in programs conducted under the
authority of the Act.
(End of provision)
1 52.222-21
CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
(a) "Segregated facilities," as used in this provision, means any
waiting rooms, work areas, rest rooms and wash rooms, restaurants and
other eating areas, time clocks, locker rooms and other storage or
dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided
for employees, that are segregated by explicit directive or are in
fact segregated on the basis of race, color, religion, or national
origin because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that it
(End of Section)
ED-98-R-0030 Page B-2
does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does
not and will not permit its employees to perform their services at
any location under its control where segregated facilities are
maintained. The offeror agrees that a breach of this certification
is a violation of the Equal Opportunity clause in the contract.
(c) The offeror further agrees that (except where it has obtained
identical certifications from proposed subcontractors for specific
time periods) it will--
(1) Obtain identical certifications from proposed subcontractors
before the award of subcontracts under which the subcontractor will
be subject to the Equal Opportunity clause;
(2) Retain the certifications in the files; and
(3) Forward the following notice to the proposed subcontractors
(except if the proposed subcontractors have submitted identical
certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS
OF NONSEGREGATED FACILITIES.
A Certification of Nonsegregated Facilities must be submitted
before the award of a subcontract under which the subcontractor will
be subject to the Equal Opportunity clause. The certification may
be submitted either for each subcontract or for all subcontracts
during a period (i.e., quarterly, semiannually, or annually).
NOTE: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.
(End of provision)
1 52.222-22
PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)
The offeror represents that--
(a) It /_/ has, /_/ has not, participated in a previous contract or
subcontract subject either to the Equal Opportunity clause of this
solicitation, the clause originally contained in Section 310 of
Executive Order No. 10925, or the clause contained in Section 201 of
Executive Order No. 11114;
(b) It /_/ has, /_/ has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.
(End of provision)
2 52.222-25
AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that (a) it /_/ has developed and has on file,
/_/ has not developed and does not have on file, at each establishment,
affirmative action programs required by the rules and regulations of the
Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it /_/ has not previously
had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.
(End of provision)
(End of Section)
ED-98-R-0030 Page B-2
1 52.223-1
CLEAN AIR AND WATER CERTIFICATION (APR 1984)
The Offeror certifies that--
(a) Any facility to be used in the performance of this proposed contract
is /_/, is not /_/ listed on the Environmental Protection Agency (EPA) List
of Violating Facilities;
(b) The Offeror will immediately notify the Contracting Officer, before
award, of the receipt of any communication from the Administrator, or a
designee, of the EPA, indicating that any facility that the Offeror
proposes to use for the performance of the contract is under consideration
to be listed on the EPA List of Violating Facilities; and
(c) The Offeror will include a certification substantially the same as
this certification, including this paragraph (c), in every nonexempt
subcontract.
(End of provision)
2 52.223-6
DRUG-FREE WORKPLACE (JAN 1997)
(a) Definitions. As used in this clause--
"Controlled substance" means a controlled substance in schedules I
through V of section 202 of the Controlled Substances Act (21 U.S.C. 812)
and as further defined in regulation at 21 CFR 1308.11 - 1308.15.
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or
State criminal drug statutes.
"Criminal drug statute" means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, possession, or use of
any controlled substance.
"Drug-free workplace" means the site(s) for the performance of work done
by the Contractor in connection with a specific contract at which employees
of the Contractor are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance.
"Employee" means an employee of a Contractor directly engaged in the
performance of work under a Government contract. "Directly engaged" is
defined to include all direct cost employees and any other Contractor
employee who has other than a minimal impact or involvement in contract
performance.
"Individual" means an offeror/contractor that has no more than one
employee including the offeror/contractor.
(b) The Contractor, if other than an individual, shall--within 30 days
after award (unless a longer period is agreed to in writing for contracts
of 30 days or more performance duration), or as soon as possible for
contracts of less than 30 days performance duration--
(1) Publish a statement notifying its employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the Contractor's workplace and
specifying the actions that will be taken against employees for
violations of such prohibition;
(2) Establish an ongoing drug-free awareness program to inform such
employees about--
(i) The dangers of drug abuse in the workplace;
(ii) The Contractor's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(End of Section)
ED-98-R-0030 Page B-2
(iv) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(3) Provide all employees engaged in performance of the contract with
a copy of the statement required by subparagraph (b)(1) of this clause;
(4) Notify such employees in writing in the statement required by
subparagraph (b)(1) of this clause that, as a condition of continued
employment on this contract, the employee will--
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction
under a criminal drug statute for a violation occurring in the
workplace no later than 5 days after such conviction.
(5) Notify the Contracting Officer in writing within 10 days after
receiving notice under subdivision (b)(4)(ii) of this clause, from an
employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;
(6) Within 30 days after receiving notice under subdivision (b)(4)(ii)
of this clause of a conviction, take one of the following actions with
respect to any employee who is convicted of a drug abuse violation
occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to
and including termination; or
(ii) Require such employee to satisfactorily participate in a drug
abuse assistance or rehabilitation program approved for such purposes
by a Federal, State, or local health, law enforcement, or other
appropriate agency; and
(7) Make a good faith effort to maintain a drug-free workplace
through implementation of subparagraphs (b)(1) through (b)(6) of this
clause.
(c) The Contractor, if an individual, agrees by award of the contract or
acceptance of a purchase order, not to engage in the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance
while performing this contract.
(d) In addition to other remedies available to the Government, the
Contractor's failure to comply with the requirements of paragraph (b) or
(c) of this clause may, pursuant to FAR 23.506, render the Contractor
subject to suspension of contract payments, termination of the contract or
default, and suspension or debarment.
(End of clause)
1 52.223-13
CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 1996)
(a) Submission of this certificate is a prerequisite for making or
entering into this contract imposed by Executive Order 12969, August 8,
1995.
(b) By signing this offer, the offeror certifies that--
(1) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and reporting
requirements described in section 313 of the Emergency Planning and
Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section
6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the
offeror will file and continue to file for such facilities for the life
of the contract the Toxic Chemical Release Inventory Form (Form R) as
described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or
(2) None of its owned or operated facilities to be used in the
performance of this contract is subject to the Form R filing and
(End of Section)
ED-98-R-0030 Page B-2
reporting requirements because each such facility is exempt for at least
one of the following reasons: (Check each block that is applicable.)
/_/ (i) The facility does not manufacture, process, or otherwise
use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C.
11023(c);
/_/ (ii) The facility does not have 10 or more full-time employees
as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C.
11023(b)(1)(A);
/_/ (iii) The facility does not meet the reporting thresholds of
toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C.
11023(f) (including the alternate thresholds at 40 CFR 372.27, provided
an appropriate certification form has been filed with EPA);
/_/ (iv) The facility does not fall within Standard Industrial
Classification Code (SIC) designations 20 through 39 as set forth in
section 19.102 of the Federal Acquisition Regulation; or
/_/ (v) The facility is not located within any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Northern Mariana
Islands, or any other territory or possession over which the United States
has jurisdiction.
(End of provision)
1 52.230-1
COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (APR 1998)
Note: This notice does not apply to small businesses or foreign
governments. This notice is in three parts, identified by Roman numerals I
through III.
Offerors shall examine each part and provide the requested information in
order to determine Cost Accounting Standards (CAS) requirements applicable
to any resultant contract.
If the offeror is an educational institution, Part II does not apply
unless the contemplated contract will be subject to full or modified CAS
coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6),
respectively.
I. DISCLOSURE STATEMENT--COST ACCOUNTING
PRACTICES AND CERTIFICATION
(a) Any contract in excess of $500,000 resulting from this solicitation
will be subject to the requirements of the Cost Accounting Standards Board
(48 CFR Chapter 99), except for those contracts which are exempt as
specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in
a contract subject to the requirements of 48 CFR Chapter 99 must, as a
condition of contracting, submit a Disclosure Statement as required by
48 CFR 9903.202. When required, the Disclosure Statement must be submitted
as a part of the offeror's proposal under this solicitation unless the
offeror has already submitted a Disclosure Statement disclosing the
practices used in connection with the pricing of this proposal. If an
applicable Disclosure Statement has already been submitted, the offeror may
satisfy the requirement for submission by providing the information
requested in paragraph (c) of Part I of this provision.
CAUTION: In the absence of specific regulations or agreement, a
practice disclosed in a Disclosure Statement shall not, by virtue of such
disclosure, be deemed to be a proper, approved, or agreed-to practice for
(End of Section)
ED-98-R-0030 Page B-2
pricing proposals or accumulating and reporting contract performance cost
data.
(c) Check the appropriate box below:
/_/ (1) Certificate of Concurrent Submission of Disclosure Statement.
The offeror hereby certifies that, as a part of the offer, copies of the
Disclosure Statement have been submitted as follows: (i) original and one
copy to the cognizant Administrative Contracting Officer (ACO) or
cognizant Federal agency official authorized to act in that capacity
(Federal official), as applicable, and (ii) one copy to the cognizant
Federal auditor.
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable.
Forms may be obtained from the cognizant ACO or Federal official and/or
from the loose-leaf version of the Federal Acquisition Regulation.)
Date of Disclosure Statement: ____________________________________________
Name and Address of Cognizant ACO or Federal Official Where Filed:
__________________________________________________________________________
The offeror further certifies that the practices used in estimating costs
in pricing this proposal are consistent with the cost accounting practices
disclosed in the Disclosure Statement.
/_/ (2) Certificate of Previously Submitted Disclosure Statement.
The offeror hereby certifies that the required Disclosure Statement was
filed as follows:
Date of Disclosure Statement: ____________________________________________
Name and Address of Cognizant ACO or Federal Official Where Filed:
__________________________________________________________________________
The offeror further certifies that the practices used in estimating costs
in pricing this proposal are consistent with the cost accounting practices
disclosed in the applicable Disclosure Statement.
/_/ (3) Certificate of Monetary Exemption.
The offeror hereby certifies that the offeror, together with all
divisions, subsidiaries, and affiliates under common control, did not
receive net awards of negotiated prime contracts and subcontracts subject
to CAS totaling more than $25 million (of which at least one award exceeded
$1 million) in the cost accounting period immediately preceding the period
in which this proposal was submitted. The offeror further certifies that
if such status changes before an award resulting from this proposal, the
offeror will advise the Contracting Officer immediately.
/_/ (4) Certificate of Interim Exemption.
The offeror hereby certifies that (i) the offeror first exceeded the
monetary exemption for disclosure, as defined in (3) of this subsection,
in the cost accounting period immediately preceding the period in which
this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the
offeror is not yet required to submit a Disclosure Statement. The
offeror further certifies that if an award resulting from this proposal has
not been made within 90 days after the end of that period, the offeror will
immediately submit a revised certificate to the Contracting Officer, in the
form specified under subparagraph (c)(1) or (c)(2) of Part I of this
provision, as appropriate, to verify submission of a completed Disclosure
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
(End of Section)
ED-98-R-0030 Page B-2
before expiration of the 90-day period following the cost accounting period
in which the monetary exemption was exceeded.
II. COST ACCOUNTING STANDARDS--ELIGIBILITY FOR MODIFIED CONTRACT
COVERAGE
If the offeror is eligible to use the modified provisions of 48 CFR
9903.201-2(b) and elects to do so, the offeror shall indicate by checking
the box below. Checking the box below shall mean that the resultant
contract is subject to the Disclosure and Consistency of Cost Accounting
Practices clause in lieu of the Cost Accounting Standards clause.
/_/ The offeror hereby claims an exemption from the Cost Accounting
Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies
that the offeror is eligible for use of the Disclosure and Consistency of
Cost Accounting Practices clause because during the cost accounting period
immediately preceding the period in which this proposal was submitted, the
offeror received less than $25 million in awards of CAS-covered prime
contracts and subcontracts, or the offeror did not receive a single
CAS-covered award exceeding $1 million. The offeror further certifies that
if such status changes before an award resulting from this proposal, the
offeror will advise the Contracting Officer immediately.
CAUTION: An offeror may not claim the above eligibility for modified
contract coverage if this proposal is expected to result in the award of
a CAS-covered contract of $25 million or more or if, during its current
cost accounting period, the offeror has been awarded a single CAS-covered
prime contract or subcontract of $25 million or more.
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING
CONTRACTS
The offeror shall indicate below whether award of the contemplated
contract would, in accordance with subparagraph (a)(3) of the Cost
Accounting Standards clause, require a change in established cost
accounting practices affecting existing contracts and subcontracts.
/_/ YES /_/ NO
(End of provision)
1 307-1
ORDER OF PRECEDENCE (SOLICITATION) (NOVEMBER 1986)
Any inconsistency in this solicitation shall be resolved by giving
precedence in the following order:
(a) the Schedule (excluding the work statement or specification),
(b) representations and other instructions,
(c) contract clauses (Section I)
(d) any incorporated documents, exhibits, or attachments,
excluding the work statement or specifications, and
(e) work statement or specifications.
2 307-11
COST ACCOUNTING STANDARDS APPLICATION (JUNE 1992)
The contract clause entitled "Cost Accounting Standards" shall apply to
any resulting contract, except as exempted under Section 9903.201-1(b)
of 48 CFR (CAS) Chapter 99 or when the contract is eligible for
modified coverage under Section 9903.201-2(b) of the same Regulation.
The clause entitled "Disclosure and Consistency of Cost Accounting
Practices" shall apply in the latter case.
(End of Section)
ED-98-R-0030 Page B-2
1 311-1
TYPE OF CONTRACT (MARCH 1986)
The Government contemplates award of a fixed price performance based
type contract from this solicitation.
2 311-17
ADDITIONAL INSTRUCTION FOR PROPOSAL FOR
ADP SECURITY COMPLIANCE (FEBRUARY 1988)
Potential offerors are directed to the security requirements under the
clause entitled "Information Technology System Security
Requirements", ED 307-13. Technical proposals must include a separately
detailed plan for meeting these requirements, including any necessary
subcontract applications.Submission of these plans shall serve as
certifications of the offerors' full intent for compliance.
3 311-2a
GENERAL INSTRUCTIONS (FEB 1996)
The following instructions establish the acceptable minimum requirements
for the format and content of proposals:
Your special attention is directed to the requirements for technical and
business proposals and past performance report to be submitted in
accordance
with these instructions. Any resultant contract shall include the general
provisions applicable to the selected offeror's organization and type of
contract awarded. Copies of general provisions may be obtained by
contacting the Contracting Officer. Any additional clauses required by
public law, executive order, or acquisition regulations, in effect at the
time of execution of the proposed contract, will be included.
The proposal must be prepared in three parts:
A "Technical Proposal," "Business Proposal," and a "Past Performance
Report." Each of the parts shall be separate and complete in itself so
that evaluation of one may be accomplished independently of evaluation of
the other. The technical proposal must not contain reference to cost;
however, resource information, such as data concerning labor hours and
categories, materials, subcontracts, etc., must be contained in the
technical proposal so that your understanding of the scope of the work may
be evaluated. It must disclose your technical approach in sufficient
detail to provide a clear and concise presentation that includes, but is
not limited to, the requirements of the technical proposal instructions.
The proposal must be signed by an official authorized to bind your
organization. You must submit an original and seven (7) copies of your
technical proposal and an original and seven (7) copies of your
business proposal and an original and one copy of your past performance
report to:
U.S. Department of Education
Support Services Group
GSA Building, Room 3616 (Mail Stop 4443)
7th & D Streets, S.W.
Washington, D.C. 20202
(End of Section)
ED-98-R-0030 Page B-2
Hand-carried proposals must be delivered by entering through the 'D'
Street entrance of the building and stopping at the Guard's Desk. Offerors
are directed to call the Support Services Group(SSG) at 708-8493 (if no
answer is received at this number please call the number listed under
clause 311-6). Offerors should indicate for which RFP number they are
submitting a proposal and should have proper identification. Offerors
will be required to sign in and be escorted to SSG where the proposal will
be officially received. Offerors should consider this delay in meeting the
time specified for proposal receipt.
The Government will evaluate proposals in accordance with the evaluation
criteria set forth in Section M (if applicable) of this request for
proposals. Offerors are encouraged to submit proposals on recycled paper
with a high post-consumer waste content. It is understood that your
proposal will become part of the official contract file.
The RFP does not commit the Government to pay any cost for the preparation
and submission of a proposal. In addition, the Contracting Officer is the
only individual who can legally commit the Government to the expenditure
of public funds in connection with this proposed acquisition.
The RFP and all of the attachments including the Statement of Work will be
available on the OCFO Web Site from the Contract Information/Contract
Documents On-Line Page. The Internet address is ocfo.ed.gov. For
technical questions on the OCFO Web Site, call Gary Weaver at 202/401-0083.
To assist you in the preparation of your proposal, the Government has
estimated the effort to perform this contract. The estimated level of
effort is The following estimated level of effort is for five years:
Labor Category Hours
A. Director 10,400
B. Associate Director 10,400
C. Acquisition Coordinator 10,400
D. User Services Coordinator 10,400
E. Facilities Architect/Engineer 10,400
F. Technical 5,000
G. Clerical 10,400
These numbers are furnished for the offeror's information only and
are not considered restrictive for proposal purposes.
(End of Section)
ED-98-R-0030 Page B-2
1 311-3
TECHNICAL PROPOSAL INSTRUCTIONS (MARCH 1986)
Proposals which merely offer to conduct a program in accordance with
the requirements of the Government's scope of work will not be eligible
for award. You must submit an explanation of the proposed technical
approach in conjunction with the tasks to be performed in achieving the
project objectives.
A detailed work plan must be submitted indicating how each aspect of
the statement of work is to be accomplished. Your technical approach
should be in as much detail as you consider necessary to fully explain
your proposed technical approach or method. The technical proposal
should reflect a clear understanding of the nature of the work being
undertaken.
The technical proposal must include information on how the project is
to be organized, staffed, and managed. Information should be provided
which will demonstrate your understanding and management of important
events or tasks. You must explain how the management and coordination
of consultant and/or subcontractor efforts will be accomplished.
The technical proposal must include a list of names and proposed
duties of the professional personnel, consultants, and key subcontractor
employees assigned to the project. Their resumes should be included and
should contain information on education, background, recent experience,
and specific requirement related or technical accomplishments. The
approximate percentage of time each individual will be available for
this project must be included.
The proposed staff hours for each of the above individuals should be
allocated against each task or subtask for the project. The technical
proposal must provide the general background, experience, and
qualifications of the organization. Similar or related contracts,
subcontracts, or grants should be included and contain the name of the
customer, contract or grant number, dollar amount, time of performance,
and the names and telephone numbers officer and contracting/grants
officer.
The technical proposal must contain a discussion of present or
proposed facilities and equipment which will be used in the performance
of the contract.
The technical proposal must be prepared and submitted in the following
format:
__________
This Request for Proposals (RFP) invites proposals to operate the
National Clearinghouse for Education Facilities. The technical
(End of Section)
ED-98-R-0030 Page B-2
proposal shall be prepared and organized into the following
sections:
1. Introductory Material
2. General Technical Approach
3. Discussion of Specific Tasks
4. Management Plan
5. Qualifications of Key Personnel
6. Organizational Capability and Commitment
l. Introductory Material
Proposals must contain a table of contents which identifies authors
of each major section.
2. General Technical Approach
The offeror is required to provide a comprehensive technical plan
for only the first year of the award period; for each of the
remaining four years, offerors must describe general technical
strategies and discuss how their activities, objectives and
processes will evolve while continuing to fulfill the tasks of the
RFP.
This section shall describe the overall design for accomplishing
the tasks of the work statement. It must include the offeror's
general technical approach to establishing, operating, and managing
the Clearinghouse. The offeror must discuss its understanding of
the ERIC mission and the ERIC system. The offeror must discuss
its philosophy for operating this contract, its ability to
undertake the work required, its vision for enhancing the Education
Facilities Clearinghouse program and its ability to assist schools
and communities to accomplish the National Education Goals, the
President and Secretary's Priorities, and educational reform.
The offeror must demonstrate in this section an in-depth knowledge
of the scope of interest and functions of the Clearinghouse, an
understanding of the relationship of the Clearinghouses to the
other components of the ERIC system, the methods to acquire,
synthesize, and disseminate information, and familiarity with other
information resource providers and networks and their relationships
to ERIC.
In presenting their general technical approach, offerors must
present a critical analysis of the emerging trends and issues of
the field, and provide explicit plans and procedures for responding
to these trends and issues. Offerors must show how the expertise
and experience of the organization will be applied to covering the
scope area as well as to Clearinghouse management and operations.
Each proposal shall also explain how the offeror will assure
objectivity and impartiality in Clearinghouse activities, including
-- in the case of offerors that promote specific approaches or
(End of Section)
ED-98-R-0030 Page B-2
products in a field covered by the Clearinghouse -- provisions to
assure that the Clearinghouse is not used to promote the host
institution's approaches or products.
3. Discussion of Specific Tasks
The offeror shall fully address plans for accomplishing each of the
tasks required in the RFP. Although the proposal must be
responsive to the tasks, the offeror is also encouraged to propose
and discuss alternative and creative approaches to the work
required. Where possible, the offeror shall provide actual
examples of activities for the first contract year.
Offerors must describe specific procedures that will be followed
for each task and reasons why these procedures are the most
effective to achieve the objectives of the project and to avoid
problems.
Offerors are invited to submit in their proposals special projects
relating either to their subject-scope clientele or to larger
system-wide activities. Offerors shall submit for each special
project a narrative statement for the duration of the
project. The narrative statement shall contain the need for or
purpose of the project, its duration, activities to be completed
and their deadlines, products developed, the number of customers to
be served.
Offerors shall propose various products and publications as
described in the Statement of Work, Part III, E. Products and
Publications.
Offerors must present plans for all tasks, for the full period of
performance. As noted above, however, a comprehensive discussion
of project activities, staff arrangements, processing schedules,
and products must be provided only for the first year of the
contract. Plans for the final four years shall include objectives,
general strategies, and estimates of the allocation of resources
among the different tasks. Upon award, the technical proposal
submitted in response to this RFP shall become part of the
contract, and thus, the legal responsibility of the contractor.
The offeror should also note the following regarding Task 3,
Question answering. If the question answering level exceeds
anticipated levels by more than 15%, the offeror shall contact the
contracting officer for a compensenatory adjustment in another requirement
4. Management Plan
The offeror must include a detailed management plan that clearly
describes the allocation of personnel, effective resource
utilization, and scheduling of specific tasks and deliverables.
The plan should provide time lines, including milestones, for work
(End of Section)
ED-98-R-0030 Page B-2
performed on each task as well as a demonstrated understanding of
the interrelationship of tasks. The plan also should develop a
system for ensuring the timely and successful completion of each
task, including procedures for ensuring quality control of
processes and products, and meeting ERIC system standards
(e.g.adherence to EPM guidelines).
5. Qualifications of Key Personnel
The offeror must include a staffing plan and person-loading chart
which includes actual hours and percentages of time to be devoted
to each task. Key personnel (Director, Associate Director,
Acquisitions, User Services, Facility Engineer and Information
Technologist, etc.) should be listed by name, title,
responsibilities and percentage of time committed to the project.
The address and phone number of each proposed key staff member must
also be provided. Vitae or resume must be provided for each key
staff.
The offeror shall propose a Clearinghouse Director, who shall be a
nationally recognized scholar or practitioner in a major field the
Clearinghouse covers, and shall have leadership skills and at least
a working knowledge of information science. The offeror shall also
propose an Associate Director, who can function in the Director's
absence and shall be accountable with the Director for day-to-day
management.
Other key Clearinghouse staff shall include: acquisitions
coordinator; user services coordinator; computer/systems
analyst/technology specialist and facilities engineer/architect.
The offeror shall submit in its proposal the vitae of all proposed
key personnel of the Clearinghouse. If any changes occur during
the duration of the contract in key personnel, the contractor shall
submit the names and vitae of proposed personnel to the Contracting
Officer and to the COTR for approval before appointing them to the
vacant position.
Other Clearinghouse staff shall include senior, junior, and
research-level personnel with complementary knowledge of the
Clearinghouse subject fields, knowledge of information science, and
the capability to carry out document review and processing; and
administrative and clerical staff.
The contractor shall have or have local access to computer support
staff with sufficient technical background to assist the
"technology specialist" in configuring, debugging and enhancing the
Clearinghouse computer system, including electronic data
transmission, desktop publishing, statistical reporting, web site
enhancement, and other Internet applications.
The contractor shall describe in its proposal a close match between
the assigned subject areas of the Clearinghouse and the subject
specializations, strengths, and interests of its proposed staff.
Experience, expertise and first-hand involvement in scope area
research and practice are required for the contractor to acquire
(End of Section)
ED-98-R-0030 Page B-2
and evaluate documents, to provide appropriate, accurate and timely
user services, and to develop effective products.
6. Organizational Capacity and Commitment
The proposal must demonstrate clearly how the work of the
Clearinghouse is related to the mission and work of the offeror,
and how the offeror's organizational capability, staff expertise,
resources, and proposed space will be used to establish and operate
the Clearinghouse. Short abstracts of related work should include
the name, current affiliation, and current telephone number of the
work's monitor. Corporate facilities, hardware and software for
performing this scope of work shall also be described, along with
the capacity for keeping abreast of prevailing industry standards.
The following relevant documents are available on the World Wide
Web:
Reference 1. Access for All: A New National Library for
Tomorrow's Learners
Public Law 103-227 Goals 2000: Educate America Act Title IX,
Part D, Section 941
U.S. Department of Education's seven priorities for education
and
1 311-4
BUSINESS PROPOSAL INSTRUCTIONS (MAY 1993)
The offeror(s) business proposal must contain the following
information. This RFP may contain additional RFP-specific business
proposal instructions elsewhere in Section L or in Section J.
A. Standard Form 33, "Solicitation, Offer and Award", the Special
Provision article entitled "Contract Administrator," and
"Representations, Certifications, and Other Statements of Offerors
or Quoters of Section K" must be properly filled out and signed by
an official authorized to bind the offeror. Your proposal must
stipulate that it is predicated upon all the terms and conditions
of this RFP.
B. A detailed task-by-task cost proposal - The cost proposal must be
fully supported by cost and pricing data adequate to establish the
reasonableness of the proposed amount and to otherwise meet, if
necessary, the requirements for certified cost or pricing data
under FAR 15.408.
All elements contributing to cost, including categories and
amounts of labor, materials, indirect costs or overheads, travel,
(End of Section)
ED-98-R-0030 Page B-2
computer time, etc., shall be treated thereunder in accordance
with the instructions contained in Table 15-2 of FAR 15.408 and
supportive data for those also attached as required.
Other cost proposal considerations:
(1) The cost for individual elements, such as analytical
studies, reports, etc., shall be itemized by tasks.
(2) The estimated costs of each period or phase shall be
itemized. Within each period or phase, the estimated
costs for each task of the statement of work shall be
itemized.
(3) In addition to the required hard copy, offerors are
encouraged to submit cost and pricing data in Lotus 1-2-3
or Excel readable spreadsheet Format. This will facilitate
the Government's analysis and evaluation of your cost
proposal.
C. Property and equipment - It is ED policy that contractors provide
all equipment and facilities necessary for performance of
contracts;
If additional equipment must be acquired, you must include in your
proposal the description and estimated cost of each item, and
whether you propose to acquire the item with your own funds.
The description shall include the following elements for
individual items which will exceed $1,000 in cost:
(1) A brief statement of function;
(2) manufacturer and manufacturer's brand name, model or part
number; and
(3) vendor and its proposed price.
You must identify all Government-owned property in your possession
and all property acquired from Federal funds, to which you have
title, that is proposed to be used in the performance of the
prospective contract.
D. Other Administrative Details:
(1) The proposal shall list the names and telephone numbers of
persons authorized to conduct negotiations.
(2) Block 12 of Standard Form 33 must contain a Statement to
the effect that your offer is firm for a period of at least
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:
(End of Section)
ED-98-R-0030 Page B-2
(1) The offeror's financial capability; including detail for
the accounting system and controls employed by the offeror;
(2) the offeror's capability to meet delivery or performance
schedules;
(3) the offeror's record of past performance, including a
listing of references with contract and grant numbers and
the addresses and phone business.
(4) the offeror's record of business integrity;
(5) the offeror's possession of necessary organizational
experience, technical skills or the ability to obtain them;
(6) the offeror's possession of necessary facilities; or the
ability to obtain them;
(7) the offeror's compliance with subcontract requirements; and
(8) any other special considerations involved in the
acquisition.
NOTE: THESE DESCRIPTIONS AND STATEMENTS SHOULD ALSO BE
INCORPORATED
IN THE TECHNICAL PROPOSAL, AS CONDUCIVE OF SEPARATE EXAMINATION
BY THE
TECHNICAL EVALUATORS DURING THE PROCESS OF TECHNICAL
EVALUATION.
1 311-5
FORMS CLEARANCE PROCESS (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.
2 311-6
CLARIFICATION QUESTIONS (APRIL 1998)
Offerors must submit all clarification questions concerning this
solicitation in writing to the contract specialist. Questions may be
submitted via E-Mail, fax or regular mail to:
Anmarie Lippert
U.S. Department of Education
Contracts & Purchasing Operations
ROB-3, Room 3616
7th & D Streets, S.W.
Washington, D.C. 20202
E-Mail: Anmarie_Lippert@ed.gov
FAX: 202/708-9817
(End of Section)
ED-98-R-0030 Page B-2
ED will accept clarification questions until July 28, 1998 After this
date ED does not guarantee that a response will be given. Oral
explanations or instructions given by the Government before the award of
the contract(s) shall not be binding. Any information given to a
prospective offeror concerning a solicitation will be furnished promptly
to all other prospective offerors as an amendment to the solicitation, if
that information is necessary in submitting offers or if a lack of it
would be prejudicial to any other prospective offerors.
1 311-7
PROVISION FOR EVALUATION FACTOR AMENDMENTS (MARCH 1986)
It is hereby provided that the evaluation factors for award under
Section M herein shall not be modified except by a formal amendment
to this solicitation and that no factors other than those set forth
in that section shall be used in the evaluation of the technical
proposals.
2 311-9
COMMENTS ON SMALL BUSINESS REGULATORY ENFORCEMENT(JUNE 1998)
Small Business Comments are Important:
The Small Business and Agriculture Regulatory Enforcement Ombudsman
and 10 Regional Fairness Boards were established to receive comments from
small businesses about federal agency enforcement actions. The Ombudsman
will annually evaluate the enforcement activities and rate each agency's
responsiveness to small business. If you wish to comment on the enforcement
actions of the U.S. Department of Education, call 1-888-REG-FAIR
(1-888-734-3247).
3 314-1
PAST PERFORMANCE REPORT (MAR 1996)
Each offeror shall submit the following information as a separately
bound part of its proposal for both the offeror and proposed major
subcontractors. Major, as defined here and in the remainder of
sections L and M regarding past performance, is any subcontractor that
is subcontracted for a minimum of 25% of the total contract amount.
Each major subcontractor shall identify the name of the prime contractor
on each of its past performance forms. If the offeror has no relevant
corporate or organizational past performance of a predecessor company or
of the offeror's management or proposed key personnel who have relevant
experience.
A. Each offeror shall submit information about its most recent four
contracts, completed in the last three years or currently in process,
which are of similar size, scope, complexity or, in any way, are
relevant to the effort required by this solicitation. If the offeror's
last four similar contracts are all currently in process, submit the
last three similar contracts currently in process, and the most recent
similar contract completed within the last three years. Contracts
listed may include those entered into by the Federal Government,
agencies of State and local governments and commercial customers.
Contracts with the parent or an affiliate of the offeror may not be
used.
(End of Section)
ED-98-R-0030 Page B-2
Include the following information for each contract and subcontract:
1. Identification
a. Name of the contracting activity
b. Program title or product name
c. Contract number
d. Contract type
e. Period of performance, including all option
periods
f. Contract Value:
(1) Initial projected total contract amount
including all option periods
(2) Final or current projected total contract
amount including all option periods
g. Points of Contact
(1) Contracting officer and telephone and fax
number and e-mail address (if known)
(2) Administrative contracting officer, if
different from above, and telephone and fax
number and e-mail address (if known)
(3) Program manager, COTR or technical officer
and telephone and fax number and e-mail
address (if known)
2. Work performed and relevance
a. Brief synopsis of work performed
b. Brief discussion of how the work performed is
relevant to the statement of work in this
solicitation
c. Brief, specific examples of the offeror's high
quality performance
3. If any of the listed contracts are award-fee or incentive
contracts, include a table showing fees awarded and the
minimum and maximum available fee for each period.
4. Paragraph E. below requires you to send a copy of the
"Contractor Information Form" to each of your references.
In your past performance report, include:
a. The date you sent the "Contractor Information
Form" to each reference.
b. How you sent it (e.g., fax, mail, express delivery
service, courier, e-mail, etc.).
c. To whom you sent it including telephone and fax
number and e-mail address (if known).
B. The offeror may provide information on problems encountered on
the contracts and subcontracts identified in A above and corrective
actions taken to resolve those problems. Other than the information
requested in A above, offerors should not provide general information
on their performance on the identified contracts. General performance
information will be obtained from the references.
C. Offerors should understand the difference between experience and
(End of Section)
ED-98-R-0030 Page B-2
past performance. Experience reflects the offeror's capability of
performing a requirement. Past performance reflects how well it has
performed similar requirements. In assessing past performance, the
quality of the offeror's past performance is of primary significance,
not the quantity of previous contracts performed. An offeror's
experience will be evaluated in the technical proposal. For further
guidance on including information on experience or how experience will
be evaluated refer to the technical proposal instructions and evaluation
criteria.
D. The offeror may describe any quality awards or certifications that
indicate the offeror possesses a high-quality process for developing and
producing the product or service required. Such awards or
certifications include, for example, the Malcolm Baldrige Quality Award,
other government quality awards, and private sector awards or
certifications(e.g., the automobile industry's QS 9000, Sematech's SSQA,
or ANSI/EIA-599).
Identify which segment of the company (one division or the entire
company) received the award or certification. Describe when the award
or certification was bestowed. If the award or certification is over
three years old, present evidence that the qualifications still apply.
Information about awards will be considered in evaluation of each of the
past performance subfactors described in Section M. The offeror may
describe how the award relates to one or more of the subfactors.
E. No later than the date proposals are due under this solicitation
(see Block 9 of Standard Form 33), send a copy to each of your four
references of the "Contractor Performance Information" form attached to
this solicitation.Ask each reference to complete the form and return it
to the contracting officer as prescribed on the form. Completed
forms from references are due l0 calendar days after the date proposals
are due under this solicitation. Request that the reference please
return the completed form to the contracting officer by this date. Do
not ask the reference to give you a copy of the completed form or any
information therefrom. Beyond that initial request, you do not need to
follow up with the reference; the contracting officer will contact the
reference if necessary.
F. Each offeror will be evaluated on its performance under existing
and prior contracts for similar products or services. Performance
information will be used for both responsibility determinations and as
an evaluation factor against which offerors' relative rankings will be
compared to assure best value to the government. The government will
focus on information that demonstrates quality of performance relative
to the size and complexity of the procurement under consideration.
The "Contractor Performance Information" form identified in Section J
will be used to collect this information. References other than those
identified by the offeror may be contacted by the Government with the
information received in the evaluation of the offeror's past
performance.
(End of Section)
ED-98-R-0030 Page B-2
1 52.215-1 I
INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (OCT
I (OCT 1997)
1997)--ALTERNATE
(a) Definitions. As used in this provision--
"Discussions" are negotiations that occur after establishment of the
competitive range that may, at the Contracting Officer's discretion,
result in the offeror being allowed to revise its proposal.
"In writing" or "written" means any worded or numbered expression which
can be read, reproduced, and later communicated, and includes
electronically transmitted and stored information.
"Proposal modification" is a change made to a proposal before the
solicitation's closing date and time, or made in response to an amendment,
or made to correct a mistake at any time before award.
"Proposal revision" is a change to a proposal made after the solicitation
closing date, at the request of or as allowed by a Contracting Officer as
the result of negotiations.
"Time," if stated as a number of days, is calculated using calendar days,
unless otherwise specified, and will include Saturdays, Sundays, and legal
holidays. However, if the last day falls on a Saturday, Sunday, or legal
holiday, then the period shall include the next work7ing day.
(b) Amendments to solicitations. If this solicitation is amended, all
terms and conditions that are not amended remain unchanged. Offerors
shall acknowledge receipt of any amendment to this solicitation by the
date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are
permitted in the solicitation, proposals and modifications to proposals
shall be submitted in paper media in sealed envelopes or packages (i)
addressed to the office specified in the solicitation, and (ii) showing
the time and date specified for receipt, the solicitation number, and the
name and address of the offeror. Offerors using commercial carriers
should ensure that the proposal is marked on the outermost wrapper with
the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show--
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the
offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms,
conditions, and provisions included in the solicitation and agreement
to furnish any or all items upon which prices are offered at the price
set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and
electronic addresses if available) of persons authorized to negotiate
on the offeror's behalf with the Government in connection with this
solicitation; and
(v) Name, title, and signature of person authorized to sign the
proposal. Proposals signed by an agent shall be accompanied by
evidence that agent's authority, unless that evidence has been
previously furnished to the issuing office.
(3) Late proposals and revisions. (i) Any proposal received at the
office designated in the solicitation after the exact time specified for
receipt of offers will not be considered unless it is received before
(End of Section)
ED-98-R-0030 Page B-2
award is made and--
(A) It was sent by registered or certified mail not later than the
fifth calendar day before the date specified for receipt of offers
(e.g., an offer submitted in response to a solicitation requiring
receipt of offers by the 20th of the month must have been mailed by
the 15th);
(B) It was sent by mail (or telegram or facsimile, if authorized)
or hand-carried (including delivery by a commercial carrier) if it is
determined by the Government that the late receipt was due
primarily to Government mishandling after receipt at the Government
installation;
(C) It was sent by U.S. Postal Service Express Mail Next Day
Service-Post Office to Addressee, not later than 5:00 p.m. at the
place of mailing two working days prior to the date specified for
receipt of proposals. The term "working days" excludes weekends and
U.S. Federal holidays;
(D) It was transmitted through an electronic commerce method
authorized by the solicitation and was received at the initial point
of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of proposals;
or
(E) There is acceptable evidence to establish that it was received
at the activity designated for receipt of offers and was under the
Government's control prior to the time set for receipt of offers,
and the Contracting Officer determines that accepting the late offer
would not unduly delay the procurement; or
(F) It is the only proposal received.
(ii) Any modification or revision of a proposal or response to
request for information, including any final proposal revision, is
subject to the same conditions as in subparagraphs (c)(3)(i)(A) through
(c)(3)(i)(E) of this provision.
(iii) The only acceptable evidence to establish the date of mailing
of a late proposal or modification or revision sent either by
registered or certified mail is the U.S. or Canadian Postal Service
postmark both on the envelope or wrapper and on the original receipt
from the U.S. or Canadian Postal Service. Both postmarks must show a
legible date or the proposal, response to a request for information, or
modification or revision shall be processed as if mailed late.
"Postmark" means a printed, stamped, or otherwise placed impression
(exclusive of a postage meter machine impression) that is readily
identifiable without further action as having been supplied and affixed
by employees of the U.S. or Canadian Postal Service on the date of
mailing. Therefore, offerors or respondents should request the postal
clerk to place a legible hand cancellation bull's eye postmark on both
the receipt and the envelope or wrapper.
(iv) Acceptable evidence to establish the time of receipt at the
Government installation includes the time/date stamp of that
installation on the proposal wrapper, other documentary evidence of
receipt maintained by the installation, or oral testimony or statements
of Government personnel.
(v) The only acceptable evidence to establish the date of mailing of
a late offer, modification or revision, or withdrawal sent by Express
Mail Next Day Service-Post Office to Addressee is the date entered by
the post office receiving clerk on the "Express Mail Next Day
(End of Section)
ED-98-R-0030 Page B-2
Service-Post Office to Addressee" label and the postmark on both the
envelope or wrapper and on the original receipt from the U.S. Postal
Service. "Postmark" has the same meaning as defined in paragraph
(c)(3)(iii) of this provision, excluding postmarks of the Canadian
Postal Service. Therefore, offerors or respondents should request the
postal clerk to place a legible hand cancellation bull's eye postmark
on both the receipt and the envelope or wrapper.
(vi) Notwithstanding paragraph (c)(3)(i) of this provision, a late
modification or revision of an otherwise successful proposal that
makes its terms more favorable to the Government will be considered at
any time it is received and may be accepted.
(vii) Proposals may be withdrawn by written notice or telegram
(including mailgram) received at any time before award. If the
solicitation authorizes facsimile proposals, proposals may be withdrawn
via facsimile received at any time before award, subject to the
conditions specified in the provision entitled "Facsimile Proposals."
Proposals may be withdrawn in person by an offeror or an authorized
representative, if the representative's identity is made known and the
representative signs a receipt for the proposal before award.
(viii) If an emergency or unanticipated event interrupts normal
Government processes so that proposals cannot be received at the office
designated for receipt of proposals by the exact time specified in the
solicitation, and urgent Government requirements preclude amendment of
the solicitation or other notice of an extension of the closing date,
the time specified for receipt of proposals will be deemed to be
extended to the same time of day specified in the solicitation on the
first work day on which normal Government processes resume. If no time
is specified in the solicitation, the time for receipt is 4:30 p.m.,
local time, for the designated Government office.
(4) Unless otherwise specified in the solicitation, the offeror may
propose to provide any item or combination of items.
(5) Proposals submitted in response to this solicitation shall be in
English and in U.S. dollars, unless otherwise permitted by the
solicitation.
(6) Offerors may submit modifications to their proposals at any time
before the solicitation closing date and time, and may submit
modifications in response to an amendment, or to correct a mistake at any
time before award.
(7) Offerors may submit revised proposals only if requested or allowed
by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals
are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation
will be valid for the number of days specified on the solicitation cover
sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in
their proposals data that they do not want disclosed to the public for any
purpose, or used by the Government except for evaluation purposes, shall--
(1) Mark the title page with the following legend:
This proposal includes data that shall not be disclosed outside the
Government and shall not be duplicated, used, or disclosed--in whole or
in part--for any purpose other than to evaluate this proposal. If,
(End of Section)
ED-98-R-0030 Page B-2
however, a contract is awarded to this offeror as a result of--or in
connection with--the submission of this data, the Government shall have
the right to duplicate, use, or disclose the data to the extent provided
in the resulting contract. This restriction does not limit the
Government's right to use information contained in this data if it is
obtained from another source without restriction. The data subject to
this restriction
are contained in sheets __________ and
(2) Mark each sheet of data it wishes to restrict with the following
legend:
Use or disclosure of data contained on this sheet is subject to the
restriciton on the title page of this proposal.
(f) Contract award. (1) The Government intends to award a contract or
contracts resulting from this solicitation to the responsible offer(s)
whose proposal(s) represents the best value after evaluation in accordance
with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is
in the Government's interest.
(3) The Government may waive informalities and minor irregularities in
proposals received.
(4) The Government intends to evaluate proposals and award a contract
after conducting discussions with offerors whose proposals have been
determined to be within the competitive range. If the Contracting
Officer determines that the number of proposals that would otherwise be
in the competitive range exceeds the number at which an efficient
competition can be conducted, the Contracting Officer may limit the
number of proposals in the competitive range to the greatest number that
will permit an efficient competition among the most highly rated
proposals. Therefore, the offeror's initial proposal should contain the
offeror's best terms from a price and technical standpoint.
(5) The Government reserves the right to make an award on any item for
a quantity less than the quantity offered, at the unit cost or prices
offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after
considering the additional administrative costs, it is in the
Government's best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not
constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if
the prices proposed are materially unbalanced between line items or
subline items. Unbalanced pricing exists when, despite an acceptable
total evaluated price, the price of one or more contract line items is
significantly overstated or understated as indicated by the application
of cost or price analysis techniques. A proposal may be rejected if the
Contracting Officer determines that the lack of balance poses an
unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be
considered by the source selection authority in evaluating performance or
schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise
furnished to the successful offeror within the time specified in the
(End of Section)
ED-98-R-0030 Page B-2
proposal shall result in a binding contract without further action by
either party.
(11) The Government may disclose the following information in
postaward debriefings to other offerors:
(i) The overall evaluated cost or price and technical rating of the
successful offeror;
(ii) The overall ranking of all offerors, when any ranking was
developed by the agency during source selection;
(iii) A summary of the rationale for award; and
(iv) For acquisitions of commercial items, the make and model of the
item to be delivered by the successful offeror.
(End of provision)
1 52.215-16
FACILITIES CAPITAL COST OF MONEY (OCT 1997)
(a) Facilities capital cost of money will be an allowable cost under the
contemplated contract, if the criteria for allowability in subparagraph
31.205-10(a)(2) of the Federal Acquisition Regulation are met. One of the
allowability criteria requires the prospective contractor to propose
facilities capital cost of money in its offer.
(b) If the prospective Contractor does not propose this cost, the
resulting contract will include the clause Waiver of Facilities Capital
Cost of Money.
(End of provision)
2 52.215-20
REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER
THAN COST OR
PRICING DATA (OCT 1997)
(a) Exceptions from cost or pricing data. (1) In lieu of submitting
cost or pricing data, offerors may submit a written request for exception
by submitting the information described in the following subparagraphs.
The Contracting Officer may require additional supporting information, but
only to the extent necessary to determine whether an exception should be
granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price
offered. If the price is controlled under law by periodic rulings,
reviews, or similar actions of a governmental body, attach a copy of
the controlling document, unless it was previously submitted to the
contracting office.
(ii) Commercial item exception. For a commercial item exception,
the offeror shall submit, at a minimum, information on prices at which
the same item or similar items have previously been sold in the
commercial market that is adequate for evaluating the reasonableness of
the price for this acquisition. Such information may include--
(A) For catalog items, a copy of or identification of the catalog
and its date, or the appropriate pages for the offered items, or a
statement that the catalog is on file in the buying office to which
the proposal is being submitted. Provide a copy or describe current
discount policies and price lists (published or unpublished), e.g.,
wholesale, original equipment manufacturer, reseller. Also explain
the basis of each offered price and its relationship to the
established catalog price, including how the proposed price relates
to the price of recent sales in quantities similar to the proposed
quantities;
(B) For market-priced items, the source and date or period of the
market quotation or other basis for market price, the base amount,
(End of Section)
ED-98-R-0030 Page B-2
and applicable discounts. In addition, describe the nature of the
market;
(C) For items included on an active Federal Supply Service
Multiple Award Schedule contract, proof that an exception has been
granted for the schedule item.
(2) The offeror grants the Contracting Officer or an authorized
representative the right to examine, at any time before award, books,
records, documents, or other directly pertinent records to verify any
request for an exception under this provision, and the reasonableness of
price. For items priced using catalog or market prices, or law or
regulation, access does not extend to cost or profit information or other
data relevant solely to the offeror's determination of the prices to be
offered in the catalog or marketplace.
(b) Requirements for cost or pricing data. If the offeror is not
granted an exception from the requirement to submit cost or pricing data,
the following applies:
(1) The offeror shall prepare and submit cost or pricing data and
supporting attachments in accordance with Table 15-2 of FAR 15.408.
(2) As soon as practicable after agreement on price, but before
contract award (except for unpriced actions such as letter contracts),
the offeror shall submit a Certificate of Current Cost or Pricing Data,
as prescribed by FAR 15.406-2.
(End of provision)
1 52.233-2
SERVICE OF PROTEST (AUG 1996)
(a) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from
Lenox A. Coles Jr.
Contracting Officer
U.S. Department of Education
Contracts & Purchasing Operations
ROB-3, Room 3616
7th & D Streets, S.W.
Washington, D.C. 20202
(b) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.
(End of provision)
L.17 Additional Business Proposal Instructions:
A. Each offer must contain a price proposal for the base year and each of
four option years of the contract. One version, without cost figures, is t
included in the Technical Proposal; the other, with cost figures, is to app
in the Business Proposal. A Pricing Sheet, A Price Proposal Budget and Tas
Loading Chart are included as Attachment C D & E . Both the technical and
business proposals should cover all five years.
B. The Government intends to award a performance based contract. Under
FAR.37.601(c) and(d) Performance-based contracts must:
(End of Section)
ED-98-R-0030 Page B-2
(c) Specify procedures for reductions of fees or for reductions to the
price of a fixed price contract when services are not performed or
do not meet contract requirements; and
(d) Include performance incentives were appropriate.
In order to meet this objective, the Government intends to negotiate a Qual
Assurance Surviellance Plan. The offeror should propose a Quality Assuranc
Surveillance Plan, using the Performance Indicators for the NCEF at Attachm
Page A-12 through A-15, and using appropriate reductions and incentives.
C. The offeror should propose a fixed price contract, using the Pricing Sh
the Price Proposal Budget at Attachment C & D. A single firm-fixed price s
be proposed for each term of the contract (base year and four option years)
offeror should propose a progress payment schedule. The Government anticip
that the progress payment schedule should be 1/12 of the annual firm fixed
unless the offeror includes a different proposed progress payment schedule
business proposal.
1 312-2
EVALUATION FACTORS FOR AWARD (FEB 1996)
(A) The Government will make award to the responsible offeror(s)whose
offer conforms to the solicitation, has no deficiencies (as defined in
FAR 15.301) and is most advantageous to the Government, cost or price
and other factors considered. For this solicitation, price will be a
substantial factor in source selection, however quality factors
(including technical merit and past performance), considered together,
are significantly more important than cost or price. The contracting
officer will determine whether the difference in quality is worth the
difference in cost or price.
(B) Past Performance
1. Each offeror's past performance will be evaluated based on the
subfactors below. The past performance rating will be combined
with the technical rating at a ratio of 36% past performance to
technical to produce a combined quality rating. The relative
importance of combined quality factors to cost or price is
described in paragraph (A).
2. Past performance subfactors:
a. Quality of Product or Service - compliance with contract
requirements - accuracy of reports - appropriateness of
personnel - technical excellence.
b. Problem Resolution - anticipates and avoids or mitigates
problems - satisfactorily overcomes or resolves problems -
prompt notification of problems - pro-active - effective
contractor-recommended solutions.
c. Cost Control - within budget - current, accurate and
complete billings - costs properly allocated - unallowable
(End of Section)
ED-98-R-0030 Page B-2
costs not billed - relationship of negotiated costs to actual
- cost efficiencies.
d. Timeliness of Performance - meets interim milestones -
reliable - stays on schedule despite problems - responsive
to technical direction - completes on time, including
wrap-up and contract administration - no liquidated damages
assessed.
e. Business Relations - effective management - use of
performance-based management techniques - business-like
concern for the customer's interests - effective management
and selection of subcontractors - effective small/small
disadvantaged business subcontracting program -
reasonable/cooperative behavior - effective use of technology
in management and communication - flexible - minimal staff
turnover - maintains high employee morale - resolves
disagreements without being unnecessarily litigious.
f. Customer Service - understands and embraces service and
program goals - team approach with the customer -
satisfaction of end users with the contractor's service
- positive customer feedback - prompt responses - courteous
interactions - effective escalations and referrals -
initiative and proactive improvements - creative service
strategies.
Bonus Rating--Where the offeror has demonstrated an exceptional
performance level in any of the above six subfactors, the
contracting officer may give additional consideration for that
factor. It is expected that this rating will be used in those
rare circumstances when contractor performance clearly exceeds
the performance level of "excellent."
3. Past performance evaluation will be based on information obtained
from the awards and references listed in the offeror's proposal,
other customers known to the Government, consumer protection
organizations, and others who may have useful and relevant
information. Information will also be considered regarding any
major subcontractors, and key personnel records. The currency and
relevance of the information, source of the information, context
of the data, and general trends in contractor's performance will
be considered. The contracting officer will give greater
consideration to information about an offeror's past performance
that the contracting officer considers either more reliable or
more relevant to the effort required by this solicitation.
4. Evaluation of past performance may be quite subjective,based on
consideration of all relevant facts and circumstances.It will
include consideration of the offeror's commitment to customer
satisfaction and will include conclusions of informed judgement.
5. An offeror will be given an opportunity to discuss adverse past
performance information, if the offeror has not had a previous
opportunity to comment on the information. The contracting
officer may review recent contracts to ensure that corrective
measures raised in discussions have been implemented.Prompt
(End of Section)
ED-98-R-0030 Page B-2
corrective action in an isolated instance might not outweigh an
overall negative trend.
6. If no relevant information on past performance is available for
an offeror, the offeror will not be evaluated favorably or
unfavorably credit.
(C) Technical Evaluation Criteria: In accordance with the technical
evaluation criteria, technical solutions that exceed any mandatory
minimums will be given appropriate evaluation credit.
__________
Proposal Evaluation Criteria
Criteria Points
(Max.)
1. General Technical Approach 20
1a. 13
Provides a comprehensive technical plan which demonstrates a knowledge and
understanding of buildings, construction, facilities management and mainten
ERIC mission and system, and includes the overall design and general techni
approach to establishing, operating, and managing an Education Facilities
Clearinghouse, and a discussion of the methods which will be used to acquir
synthesize, and disseminate information.
1b. 6
Discusses fully the proposed scope of interest for the Clearinghouse, inclu
analysis of the emerging trends and issues in the field and plans and proce
responding to them. Demonstrates an ability to work with and provide servic
variety of constituencies.
1c. 1
Provides assurance of objectivity and impartiality in Clearinghouse activit
provisions to assure that the Clearinghouse will not promote the host insti
agenda.
2.Discussion of Specific Tasks 35
The proposal demonstrates the offeror's capability for carrying out the spe
required in this RFP as specified in the Statement of Work:
(End of Section)
ED-98-R-0030 Page B-2
2a. Task 1 -- Database Development 9
2b. Task 2 -- Electronic Services, Publications 6
and other Products
2c. Task 3 -- User Services 7
2d. Task 4 -- Outreach and Training 7
2e. Task 5 -- System-wide Activities and Special Projects 4
3. Management Plan 15
3a. 10
The management plan is clear, logical and includes all elements in Task 6.2
milestones and time lines are scheduled by Task. There are provisions for
and correcting problems and a system for maintaining quality.
3b. 5
Plan clearly indicates lines of authority and responsibility in operating t
Clearinghouse, including a staffing plan and person-loading chart, with act
and percentages of time for each task.
4. Qualifications of Key Personnel 20
4a. 10
Clearinghouse Director and Associate Director: The proposal provides vitae
evidence of scope area expertise and national leadership, relevant manageri
experience and writing and publication experience.
4b. 10
Other Key Staff (acquisitions, user services and information technologist):
proposal provides vitae and evidence of scope area experience in database
development, publications, user services, product development and dissemina
outreach and training, and knowledge of information technology, including e
electronic technologies.
(End of Section)
ED-98-R-0030 Page B-2
5. Capability and Commitment of Offeror 10
5a. 6
Demonstrated organizational competence to perform similar or related tasks.
Discussion of how this project relates to the mission of the offeror.
5b. 4
The proposal's management plan clearly describes the high quality proposed
including computer hardware and software capabilities, other equipment and
and knowledge of emerging technologies, with the capacity for future implem
Maximum Total Points: 100
1 52.217-5
EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be
in the Government's best interests, the Government will evaluate offers
for award purposes by adding the total price for all options to the total
price for the basic requirement. Evaluation of options will not obligate
the Government to exercise the option(s).
(End of provision)
(End of Section)
ED-98-R-0030 Page B-2