Solicitation Snapshot File Issued08/17/99 PR:EDOERI-99-000778 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 Contracts & Purchasing Operations 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 B11/30/99 Proposals Due09/16/99 Time:02:00 Copies:7 FOB Flag:Destination Set-aside FlaU: Set-aside Type Funds AvailableYes SAF:No Name: Sang Park Phone:202-708-8222 Administered B U.S. Department of Education GSA Bldg, (ROB-3) Rm 3616 Seventh and D Streets SW Washington, D.C. 20202-4443 Payment Code:PAYOFF U.S. Department of Education Payment Management Services, Rm. 3365 600 Independence Avenue SW Washington, DC 20202-4435 ****************************** LINE ITEMS ****************************** Line Item Number Qty UI------------------------------------------- 1 301-6a ESTIMATED COST AND INCENTIVE FEE (INCREMENTALLY FUNDED CONTRACTS)(MAY 1998) (a) It is estimated that the total cost to the Government for full performance of this contract will be $__________ of which $__________ represents the estimated cost and $ __________ represents the target fee (if any). The fee payable under this contract shall be the target fee adjusted in accordance with paragraph (e) of clause 52.216-10, Incentive Fee and __________ of this contract. (b) Sufficient funds are not presently available to cover the total estimated cost of this contract; however, this contract will follow the concepts of incremental funding described in FAR clause 52.232-22, "Limitation of Funds". Funds currently available for payment and allotted to this contract are $__________ of which $ __________ represents the limitation of reimbursable costs and $__________ represents the amount set aside for fee (if any). (c) If and when the contract is fully funded, as specified in paragraph (a) of this clause, the "Limitation of Cost" clause shall become applicable. (d) The Contracting Officer may allot additional funds to the contract without the concurrence of the Contractor. 2 52.216-10 INCENTIVE FEE (MAR 1997) (a) General. The Government shall pay the Contractor for performing this contract a fee determined as provided in this contract. (b) Target cost and target fee. The target cost and target fee specified in the Schedule are subject to adjustment if the contract is modified in accordance with paragraph (d) of this clause. (1) "Target cost," as used in this contract, means the estimated cost of this contract as initially negotiated, adjusted in accordance with paragraph (d) below. (2) "Target fee," as used in this contract, means the fee initially negotiated on the assumption that this contract would be performed for a cost equal to the estimated cost initially negotiated, adjusted in accordance with paragraph (d) of this clause. (c) Withholding of payment. Normally, the Government shall pay the fee to the Contractor as specified in the Schedule. However, when the Contracting Officer considers that performance or cost indicates that the Contractor will not achieve target, the Government shall pay on the basis of an appropriate lesser fee. When the Contractor demonstrates that performance or cost clearly indicates that the Contractor will earn a fee significantly above the target fee, the Government may, at the sole discretion of the Contracting Officer, pay on the basis of an appropriate higher fee. After payment of 85 percent of the applicable fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed 15 percent of the applicable fee or $100,000, whichever is less. The ED-99-R-0045 Page B-2 Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of the certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor's past performance related to the submission and settlement of final indirect cost rate proposals. (d) Equitable adjustments. When the work under this contract is increased or decreased by a modification to this contract or when any equitable adjustment in the target cost is authorized under any other clause, equitable adjustments in the target cost, target fee, minimum fee, and maximum fee, as appropriate, shall be stated in a supplemental agreement to this contract. (e) Fee payable. (1) The fee payable under this contract shall be the target fee increased by __________ cents for every dollar that the total allowable cost is less than the target cost or decreased by __________ cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than __________ percent or less than __________ percent of the target cost. (2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within the minimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is increased or decreased as a consequence of (i) payments made under assignments or (ii) claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause. (3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract. (4) For the purpose of fee adjustment, "total allowable cost" shall not include allowable costs arising out of-- (i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor; (ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractor's being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty; (iii) Any direct cost attributed to the Contractor's involvement in litigation as required by the Contracting Officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause; (iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting Officer, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to Third Persons clause; (v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the Government Property clause; or (vi) Any claim, loss, or damage resulting from a risk defined in the ED-99-R-0045 Page B-3 contract as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the Contractor. (5) All other allowable costs are included in "total allowable cost" for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contract. (f) Contract modification. The total allowable cost and the adjusted fee determined as provided in this clause shall be evidenced by a modification to this contract signed by the Contractor and Contracting Officer. (g) Inconsistencies. In the event of any language inconsistencies between this clause and provisioning documents or Government options under this contract, compensation for spare parts or other supplies and services ordered under such documents shall be determined in accordance with this clause. (End of clause) B.3. INCENTIVE FEE PAYMENT SCHEDULE The incentive fee shall be paid per the rates set in B.2 Incentive Fee above. The incentive fee shall be computed at the end of the contract period after final costs are received and are considered allowable, allocable and reasonable by the Contracting Officer. After determining that costs are allowable, allocable and reasonable, the Contracting Officer will submit to the Contractor a letter stating what the incentive fee payable will be per rates set above. The Contractor will have 30 days from receipt of the letter to 1) submit an invoice for the incentive fee, which will be considered final or 2) submit to the Contracting Officer a revised incentive fee amount along with justification for change. The Contracting Officer will have 30 days after the receipt of the contractors revised incentive fee to make a final determination on the incentive fee payable. 3 302-2 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, of the RFP. 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. __________ 4 303-1 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 (End of Section) ED-99-R-0045 Page B-4 (c) Mark deliverables for: Sang Park 1 304-1 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. 2 305-2 REPORT OF CONSULTANTS (MARCH 1986) The contractor must maintain a written report for the files on the results of all consultations charged to this contract. This report must include, as a minimum: (1) the consultant's name, dates, hours and amount charged to the contract, (2) the names of the contractor or subcontractor staff to whom the services are provided, and (3) the results of the subject matter of the consultations. 3 305-5 PERIOD OF PERFORMANCE (MARCH 1986) Performance hereunder shall be completed within 36 months of the date of contract award, inclusive of all specified deliveries and/or task work. 4 305-6 DELIVERABLES (MARCH 1986) All deliverables shall be submitted in accordance with the kinds, quantities and dates indicated in the attached Statement of Work. 5 306-1 INVOICE AND CONTRACT FINANCING REQUEST SUBMISSION (MAY 1999) (A) The Government agrees to pay the Contractor as complete compensation for all work and services performed and materials furnished under this contract those allowable costs defined in the contract clause entitled "ALLOWABLE COST AND PAYMENT" in an amount not to exceed the estimated costs specified in the contract. (B) The contractor shall submit the original and one copy of the invoice or contract financing requests to the Designated Billing Office. Ms. LaShawn Flemming U.S. Department of Education Contracts and 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. C) The Contractor shall prepare invoices and contract financing requests in accordance with the billing instructions attached hereto and made a part of this contract. (End of Section) ED-99-R-0045 Page B-2 1 306-2 ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY (JANUARY 1989) (A) The contractor shall request written authorization from the contracting officer before acquiring any contractually necessary property to which the Government will have title. The request shall include complete descriptions of all individual items which will exceed $1,000 in cost, including: (a) a brief statement of function; (b) manufacturer and manufacturer's brand name, model or part number; (c) vendor and its proposed price; (B) Management of government property in the possession of the contractor shall be in accordance with FAR Part 45. The contractor shall provide an annual report of total property acquisition cost, as required by FAR 45.505-14. 2 306-8 CONTRACT ADMINISTRATOR (FEB 1985) The Contractor shall designate one individual to be contacted during the period of the contract for prompt contract administration. __________ 3 306-9 PROVISIONAL AND NEGOTIATED FINAL OVERHEAD RATES (OCTOBER 1993) (a) Pending the establishment of final indirect cost rates, as required by the clause entitled "Allowable Cost and Payment" FAR 52.216-7, the Contractor shall be reimbursed for its indirect costs on the basis of the negotiated provisional, or billing, rates as set forth below. Those rates shall remain in effect until the contract is modified to incorporate either negotiated final indirect rates, as directed by either paragraph (d) or (f) of the same clause, as applicable, or revised provisional indirect cost rates, as explained in paragraph (e). (b) The provisional overhead rate(s) applicable to this contract: __________ 4 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (APR 1996) (Reference 30.201-4) 5 301-20 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 (End of Section) ED-99-R-0045 Page B-2 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. 1 306-10 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, Attachment A. (E) Other treatment and rights shall be in accordance with the incorporated general provision titled "Government Property". 2 307-13 INFORMATION TECHNOLOGY SYSTEM SECURITY REQUIREMENTS (APRIL 1999) The Contractor and its subcontractors shall comply with the Information Technology System Security requirements set forth in: A. The Statement of Work of this contract; B. The Privacy Act of 1974 (P.L. 93-579, U.S.C. 552a); C. The U.S. Department of Education, Information Technology Security Manual, Handbook Number 6; and D. The U.S. Department of Education, Personnel Security - Suitability Program, Handbook Number 11. The Contractor may arrange to review copies of the above referenced documents by contacting the Contract Specialist at telephone number 202/708-8222. The Contractor shall include this provision in any subcontract(s) awarded pursuant to this contract. (End of Section) ED-99-R-0045 Page B-2 1 307-14 COMPUTER SYSTEM DESIGN AND IMPLEMENTATION REQUIREMENTS (APRIL 1999) 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 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 unless specified otherwise in the Statement of Work/Performance Work Statement. Also, unless specified otherwise in the Statement of Work/Performance Work Statement, data are acceptable if there is an error rate of less than 1% of the data elements. 4. Programming Language The contractor shall use the programming language specified in the Statement of Work/Performance Work Statement, or the programming language otherwise approved by the contracting officer. 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 must be delivered to the Government without limitation on the rights of usage and with sufficient documentation to permit (End of Section) ED-99-R-0045 Page B-2 the Government to modify and enhance the software with the assistance of the Contractor. 7. Government Furnished Documents Copies of the ED "Software Life Cycle Management and Documentation Manual" will be furnished on request. Telephone requests should be directed to Sang Park at Telephone Number 202/708-8222. Written requests should be directed to the following address: U.S. Department of Education Contracts and Purchasing Operations ROB-3, Room 3616 7th & D Streets, S.W. Washington, D.C. 20202-4447 8. Federal Information Processing Standards (FIPS) A list of all applicable FIPS is attached. The FIPS publications can be accessed from the following web-site (FIPS Home Page): http://www.nist.gov/itl/div897/pubs/index.htm. These publications may also be ordered from the National Technical Information Service (NTIS), U.S. Department of Commerce; Springfield, VA; Telephone: 1-800-553-NTIS (6847) or 703-605-6000. 1 307-17 ORGANIZATIONAL CONFLICTS OF INTEREST (ED 307-17) (APRIL 1984) (A) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information. (B) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. (C) Remedies - The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, or pursue such other remedies as may be permitted by law or this contract. (D) The Contractor further agrees to insert in any subcontract or consultant agreement hereunder, provisions which shall conform substantially to the language of this clause, including this (End of Section) ED-99-R-0045 Page B-2 paragraph (D). 1 307-19 REDACTED PROPOSALS (DECEMBER 1998) The contractor shall provide a redacted copy of its successful technical proposal to the Contracting Officer within five (5) days after contract award. The redacted proposal shall be suitable for release by the Government under a Freedom of Information Act (FOIA) request. The redacted proposal shall be submitted in an electronic format that is readable by Microsoft Office applications. 2 307-2 KEY PERSONNEL DESIGNATION (MARCH 1985) In accordance with the contract clause entitled "Key Personnel", the following key personnel are considered to be essential to the work being performed: __________ 3 307-24 CONSULTANT SERVICES AND CONSENT (APRIL 1986) The Contractor shall obtain the consent of the Contracting Officer prior to using any consultant on this contract. The Contractor shall determine whether any consultant that is used has in effect an agreement with another Federal agency for similar or like services and, if so, shall notify the Contracting Officer. __________ 4 307-3 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. 5 307-31 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. (End of Section) ED-99-R-0045 Page B-2 (c) With respect to Government-furnished property, the requirements of paragraph (a) of this clause shall apply only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the requirements of paragraph (a) of this clause shall extend to the modification or other work. (d) The requirements of paragraph (a) of this clause do not apply to products specified by the Government on a "brand name and model" basis, unless the product was designed or produced by the contractor or one of its affiliates. 1 307-5 PAYMENT OF TRAVEL EXPENSES AND FEES FOR ED EMPLOYEES (MARCH 1985) The Contractor shall not use any contract funds, or funds from other sources, to pay the travel expenses of, or a fee to, ED employees for lectures, attending program functions, or any other activities in connection with this contract. 2 307-8 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. 3 316-1 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 (End of Section) ED-99-R-0045 Page B-2 accordance with paragraph (d) of this clause, the contracting officer may waive a particular requirement. (b) Software enhanced or modified for ED--Any enhancements and other modifications, made under this contract to software for use by ED's employees or external customers, are subject to the requirements of paragraph (a) of this clause, regardless of where or how the software was first developed. Except as otherwise specified elsewhere in the contract schedule, the contractor is only required to ensure that enhancements or modifications (not other features or parts of the software) of the software fully comply with the accessibility requirements of paragraph (a), as well as suggest solutions to ensure the software complies. (c) Other software delivered under this contract--The contractor shall consider accessibility to individuals with disabilities as a significant factor when selecting or purchasing any software that will be delivered under this contract for use by ED's employees or external customers. Unless otherwise specified elsewhere in the contract schedule, the contractor is not required to obtain a waiver when it is not feasible for particular software not developed under this contract to fully meet the accessibility requirements of paragraph (a) of this clause. However-- (1) In accordance with subparagraphs (c)(2) and (c)(3) of this clause, the contractor shall give the contracting officer an opportunity to review and potentially reject the selection or purchase of any software that will be delivered under this contract for use by ED's employees or external customers that does not meet all the requirements of the ED manual"Requirements for Accessible Software Design" and (i) that has an aggregate total estimated cost or price of over $500,000 for all copies or licenses of the software, or (ii) that the contractor anticipates will be used by more than ten ED employees or external customers. (2) At least ten calendar days prior to final selection of any software that meets the criteria in subparagraph (c)(1) of this clause, the contractor shall notify the contracting officer in writing, listing the specific accessibility requirements that would not be met, explaining how the accessibility of a particular feature can be achieved by alternative means or why it is not feasible to make a feature of the software accessible, and explaining any trade-offs or other reasons for recommending selection of the software. (3) Within ten calendar days of the contracting officer's receipt of a notice under subparagraph (c)(2), if selection of the software may significantly impair ED's ability to ensure accessibility of its programs and activities to all its employees and external customers, including individuals with disabilities, the contracting officer may reject selection of the software by written notice to the contractor. (d) Waiver of requirements--It is recognized that new technologies may (End of Section) ED-99-R-0045 Page B-2 provide solutions that are not envisioned in or consistent with the provisions of the manual "Requirements for Accessible Software Design." Also, compliance with certain requirements of the manual may not be feasible for the particular software required. In such extraordinary circumstances, the contracting officer may grant a waiver, in writing, to any requirement of the manual or of this clause if it furthers a public interest of ED and will not significantly impair ED's ability to ensure accessibility of its programs and activities to all its employees and external customers, including individuals with disabilities. To request a waiver, the contractor shall notify the contracting officer in writing, listing the specific accessibility requirements that would not be met and explaining how the accessibility of a particular feature can be achieved by alternative means or why it is not feasible to make a feature of the software accessible. (e) Condition of payment--The contractor agrees that compliance with the provisions of this clause upon delivery of the software to ED is a condition of payment under this contract. 1 317-1 ACCOMMODATION/ACCESSIBILITY FOR THE DISABLED (APRIL 1996) The acquisition and management of Federal Information Processing (FIP) resources shall be conducted in a manner that ensures access to computer and telecommunications products and services by all individuals, both federal employees and the public sector, including individuals with disabilities. The acquisition, management and utilization of FIP resources are subject to the computer accomodation and information accessibility for individuals with disabilities contained in P.L. 99-506 Reauthorization of the Rehabilitation Act of 1973, Section 508 - Electronic Equipment Accessibility, October 1986; and P.L. 100-542 Telecommunications Accessibility Enhancement Act, October 1988. FIP resources required under this contract include computer accommodation and information accessibility where the goal is to ensure full access, integration, and continuity of support to all individuals, including individuals with disabilities. "Computer accommodation" means the acquisition or modification of FIP resources to minimize the functional limitations of individuals with disabilities so as to promote productivity and provide access to work- related or public information resources. "Individuals with disabilities" are individuals with limitations of vision, hearing, speech and/or mobility. The contractor shall ensure that FIP resources are equally provided to all individuals, including individuals with disabilities, guidelines. (End of Section) ED-99-R-0045 Page B-2 1 52.217-8 OPTION TO EXTEND SERVICES (AUG 1989) option 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 __________ days __________ contract completion.) 2 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 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 (End of Section) ED-99-R-0045 Page B-2 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) 1 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) (a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. (b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases. (c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, of if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. (End of clause) H.19 Incentive Plan The following is a description of the plan by which the government may make an incentive payment to the Contractor, based on its technical performance of the Contract: The Surveillance Plan lists Deliverables to be performed under this Contract and the related Performance Standards to be used for evaluation. The Performance Standards are written to the level of "Acceptable Performance" as defined in this Contract clause. The (End of Section) ED-99-R-0045 Page B-2 Performance Standards will allow the Government to make an objective assessment of the Contractor's performance based on the quality, completeness, and timeliness of its technical work. The evaluation periods for incentive payment will be each of the three 12-month periods beginning with contract award (based on a 36 month contract period of performance). Only those tasks which have been fully completed, and for which final work has been accepted by the Government, will be subject to evaluation. A panel of Department of Education employees will comprise a Technical Evaluation Panel. At a minimum, this will include the Contracting Officer's Technical Representative (COTR) and the Contract Specialist. The Technical Evaluation Panel will conduct evaluation assessments of the Contractor's performance in meeting the established technical standards for all fully completed tasks/subtasks. The Technical Evaluation Panel will make a written recommendation to the Contracting Officer in regard to making incentive payments. Evaluation Procedures The steps listed below will be followed in making an Incentive payment determination for this contract: 1) The Incentive Evaluation Periods are the Base Year (12 month period) and each successive 12-month period of the Contract. The Contractor will be eligible for Incentive payments for fully completed Tasks for each Evaluation Period. 2) Evaluation of the contractor's performance will be based on the contract Activities and Standards contained in the Surveillance Plan. In order to make any change(s) to the Surveillance Plan the Government and Contractor shall agree to a Modification to the Contract that changes the language in the Surveillance Plan. 3) Within 10 days of the end of an evaluation Period the Contractor has the option of submitting a written self-evaluation report of its performance during the preceding period to the Contracting Officer, who in turn will provide it to the Evaluation Panel. The contractor may submit any material that will assist the Evaluation Panel in rating its performance. 4) Within 20 days after the end of an Evaluation Period the Evaluation Panel will meet to determine a rating(s) of the Contractor's performance on completed Tasks/subtasks for the preceding period. All reports and data items submitted during the Evaluation period, including the Contractor's self-evaluation report (if provided by the contractor), will be used by the Evaluation Panel to assist members in rating the Contractor's performance on specific Tasks/subtasks. 5) Within 30 days of receiving a written recommendation regarding an Incentive Payment from the Evaluation Panel, the Contracting Officer will make a unilateral determination of an Incentive Payment to be (End of Section) ED-99-R-0045 Page B-2 paid to the Contractor. 6) After receiving the written recommendation from the Evaluation Panel to make an Incentive payment, the Contracting Officer will write a letter to the Contractor, authorizing the Contractor to invoice the Government for an Incentive Payment, if all the conditions for making an Incentive Payment stated herein are met. The Contractor shall not invoice the Government for an Incentive Payment, for any evaluation period, until having received the above referenced letter from the Contracting Officer. Technical Evaluation Criteria and Incentive Payment Incentive payment(s) based on the schedule contained in Attachment B will be made by the Government to the Contractor for the Tasks/subtask fully completed during a period for which the Evaluation Panel has assigned a rating of "Outstanding in all respects" or "Outstanding in most respects". Each Evaluation Panel member will make a single rating for the Tasks/subtasks based on an overall assessment of how well the Contractor met the Standards for the respective Activities that exist for the Tasks/subtasks. The following are the adjective ratings and definitions to be used by the Evaluation Panel in judging Contractor Technical Performance. 1) Outstanding in all respects - Fully exceeds all applicable Standards contained in Attachment B - Surveillance Plan. Exceeds NCES Standards (NCES 92-021), OMB's Directive 5 CFR 1320 and OERI Publication Guidelines, and requires no additional work. All areas identified in the contractor's technical proposal, plans, and outlines are adequately covered. 2) Outstanding in most respects - Exceeds most applicable standards contained in Attachment B - Surveillance Plan. Exceeds NCES Standards (NCES 92-021), OMB's Directive 5 CFR 1320 and OERI Publication Guidelines, but requires some additional work. Areas of deficiency are few and are more than offset by outstanding performance. 3) Acceptable - Fully meets all applicable Standards contained in Attachment B - Surveillance Plan. Additional work is required. 4) Unacceptable - Does not meet all applicable Standards in Attachment B - Surveillance Plan. Substantial additional work is required. In order to qualify for an Incentive Payment for a Contract Task/subtask fully completed within a given Evaluation Period, the evaluation Panel must unanimously rate the Contractor's Technical Performance in completing that task as "Outstanding in all respects" or "Outstanding in most respects". No Incentive Payments will be made for Tasks/subtasks that are rated as "Acceptable". Any tasks in the Surveillance Plan identified as "Unacceptable" will result in a deduction in allowable fees equal to the amount specified. Additional Incentives (End of Section) ED-99-R-0045 Page B-2 The Department may pay the contractor performance incentives at the end of the contract period in addition to payments as specified in the performance requirement summary listed in the surveillance plan, which is attached, Attachment B. Monetary performance incentives are bonuses and will be paid in accordance with the following provisions. 1) The Department has specified the SOW functions to be monitored for the purpose of determining monetary incentives. 2) The Department's decision to pay or not to pay incentives in no way alters the contractor's responsibilities to perform any functions or produce any deliverables required by this contract. 3) The Department's decision to pay or not to pay incentives in no way alters the Department's obligation to pay the contractor for satisfactory deliverables in accordance with this contract. 4) The incentives will be paid as stated in Clause B.3. H.20 Performance Measures The performance indicators, listed in Attachment B, will be used in determining the performance of tasks under this contract. The Deliverables Due Dates are changed to reflect the deliverable dates proposed in the contractor's technical proposal dated ______. Performance measures will be evaluated every 12 months, along with Contractor Performance Information, as specified in the Performance-Based Incentive Plan (Attachment B). After 30 days of the twelve-month period, the Contracting Officer will provide the contractor a copy of the evaluation of the performance measures along with the merit award that the contractor will be entitled to receive at the end of the contract period. The contractor has 30 days to refute the evaluation. The Contracting Officer will have 30 days from the receipt of the refutal to make a final determination on the evaluation. 1 3452.202-1 DEFINITIONS (AUG 1987) (Reference) 2 3452.208-70 PRINTING (AUG 1987) (Reference) 3 3452.216-71 NEGOTIATED INDIRECT COST RATES - FIXED (AUGUST 1987) (Reference) 4 3452.227-70 PUBLICATION AND PUBLICITY (AUG 1987) (Reference) (End of Section) ED-99-R-0045 Page B-2 1 3452.227-71 PAPERWORK REDUCTION ACT (AUG 1987) (Reference) 2 3452.227-72 ADVERTISING OF AWARDS (AUG 1987) (Reference) 3 3452.228-70 REQUIRED INSURANCE (AUG 1987) (Reference) 4 3452.237-71 SERVICES OF CONSULTANTS (AUG 1987) (Reference) 5 3452.242-70 LITIGATION AND CLAIMS (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 DISABILITIES (Reference) 9 3452.243-70 KEY PERSONNEL (AUG 1987) (Reference) 10 3452.247-70 FOREIGN TRAVEL (AUG 1987) (Reference) 11 52.203-3 GRATUITIES (APR 1984) (Reference 3.202) 12 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (Reference 3.404) 13 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) (Reference 3.503-2) 14 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995) (Reference 3.502-3) 15 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (Reference 3.104-9) 16 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (Reference 3.104-9) 17 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 1997) (Reference 3.808) (End of Section) ED-99-R-0045 Page B-2 1 52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER (JUN 1996) (Reference 4.304) 2 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) (Reference 9.409) 3 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUNE 1999) (Reference) 4 52.215-2 II AUDIT AND RECORDS--NEGOTIATION (JUNE 1999)--ALTERNATE II (APR 1998) (Reference) 5 52.216-7 ALLOWABLE COST AND PAYMENT (APR 1998) (Reference) 6 52.216-8 FIXED FEE (MAR 1997) (Reference 16.307) 7 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JUNE 1999) (Reference) 8 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 1999) (Reference) 9 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999) (Reference) 10 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) (Reference 22.103-5) 11 52.222-3 CONVICT LABOR (AUG 1996) (Reference 22.202) 12 52.222-26 EQUAL OPPORTUNITY (FEB 1999) (Reference) 13 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (Reference 22.1308) 14 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Reference) 15 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1999) (Reference) 16 52.223-2 CLEAN AIR AND WATER (APR 1984) (Reference 23.105) 17 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 1996) (Reference 23.907) (End of Section) ED-99-R-0045 Page B-2 1 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (AUG 1998) (Reference) 2 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995) (Reference 27.201-2) 3 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) (Reference 27.202-2) 4 52.227-14 RIGHTS IN DATA--GENERAL (JUN 1987) (Reference 27.409) 5 52.227-14 I RIGHTS IN DATA--GENERAL (JUN 1987)--ALTERNATE I (JUN 1987) (Reference 27.409) 6 52.227-14 II RIGHTS IN DATA--GENERAL (JUN 1987)--ALTERNATE II (JUN 1987) (Reference 27.409) 7 52.227-14 III RIGHTS IN DATA--GENERAL (JUN 1987)--ALTERNATE III (JUN 1987) (Reference 27.409) 8 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987) (Reference 27.409) 9 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR 1996) (Reference 28.311-2) 10 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984) (Reference 32.111) 11 52.232-17 INTEREST (JUNE 1996) (Reference 32.617) 12 52.232-20 LIMITATION OF COST (APR 1984) (Reference 32.705-2) 13 52.232-22 LIMITATION OF FUNDS (APR 1984) (Reference 32.705-2) 14 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (Reference 32.806) 15 52.232-25 PROMPT PAYMENT (JUN 1997) (Reference) 16 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL CONTRACTOR REGISTRATION (MAY 1999) (Reference) 17 52.233-1 I DISPUTES (DEC 1998)--ALTERNATE I (DEC 1991) (Reference) (End of Section) ED-99-R-0045 Page B-2 1 52.233-3 I PROTEST AFTER AWARD (AUG 1996)--ALTERNATE I (JUN 1985) (Reference 33.106) 2 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (Reference) 3 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984) (Reference 42.802) 4 52.242-13 BANKRUPTCY (JUL 1995) (Reference 42.903) 5 52.242-15 I STOP-WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984) (Reference 42.1305) 6 52.243-2 II CHANGES--COST-REIMBURSEMENT (AUG 1987)--ALTERNATE II (APR 1984) (Reference 43.205) 7 52.244-2 SUBCONTRACTS (AUG 1998) (Reference) 8 52.244-2 II SUBCONTRACTS (AUG 1998)--ALTERNATE II (AUG 1998) (Reference) 9 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996) (Reference) 10 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984) (Reference 46.305) 11 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997) (Reference 46.805) 12 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JAN 1997) (Reference 47.405) 13 52.248-1 VALUE ENGINEERING (MAR 1989) (Reference 48.201) 14 52.248-1 III VALUE ENGINEERING (MAR 1989)--ALTERNATE III (APR 1984) (Reference 48.201) 15 52.249-6 TERMINATION (COST-REIMBURSEMENT) (SEP 1996) (Reference 49.503) 16 52.249-14 EXCUSABLE DELAYS (APR 1984) (Reference 49.505) 17 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) (Reference 53-111) (End of Section) ED-99-R-0045 Page B-2 1 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. 2 309-1a LIST OF ATTACHMENTS (APRIL 1984) Attachment A Statement of Work Attachment B Surveillance Plan Attachment C Technical Evaluation Criteria Attachment D Contractor Performance Information Form J.2 FIPS AND FED-STD CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE This contract incorporates the following clauses and provisions by reference. The clauses and provisions that are applicable to this contract are checked with an "X". These clauses and provisions have the same force and effect as if they were given in full text. Offerors and contractors may order the texts of the FIPS PUBs from the following address: National Technical Information Service U.S. Department of Commerce Springfield, VA 22161 Telephone: (703) 487-4650 The texts of the FED STDs may be ordered from the following address: General Services Administration (WFRI) Washington, D.C. 20407 Telephone: (202) 472-2205 STANDARDS CHECKLIST AS OF 04/26/99 Check Appropriate Column Standard Standard Applies Standard Does Not But Was Applies Apply Waived Standards Titles FEDERAL INFORMATION PROCESSING STANDARDS (FIPS) X ------- -------- ------- FIPS 4-2, Representation for Calendar Date to facilitate interchange of data among information systems. This (End of Section) ED-99-R-0045 Page B-2 standard adopts American National Standard ANSI X3.30-1997: Representation of Date for Information Interchange(revision of ANSI X3.30-1985 (R1991)). X ------- -------- ------- FIPS 5-2, Codes for the Identification of the States, District of Columbia, and the Outlying Areas of the United States, and Associated Areas X ------- -------- ------- FIPS 6-4, Counties and Equivalent Entities of the United States, Its Possessions and Associated Areas X ------- -------- ------- FIPS 8-6, Metropolitan Areas (Including MSAs, CMSAs, PMSAs, and NECMAs) X ------- -------- ------- FIPS 9-1, Congressional Districts of the United States X ------- -------- ------- FIPS 10-4, Countries, Dependencies, Areas of Special Sovereignty, and their Principal Administrative Divisions X ------- -------- ------- FIPS 21-4, COBOL X ------- -------- ------- FIPS 29-3, Interpretation Procedures for Federal Information Processing Standards for Software X ------- -------- ------- FIPS 31, Guidelines for Automatic Data Processing Physical Security and Risk Management X ------- -------- ------- FIPS 46-2 Data Encryption Standard(DES) X ------- -------- ------- FIPS 48, Guidelines on Evaluation of Techniques for Automated Personal Identificat X ------- -------- ------- FIPS 55-DC3, Guideline: Codes for Named Populated Places, Primary County Divisions, a Other Locational Entities of the United State Puerto Rico, and the Other Outlying Areas X ------- -------- ------- FIPS 55-3, Same As 55-DC3 except without codes X ------- -------- ------- FIPS 66, Standard Industrial Classification (SIC) Codes X ------- -------- ------- FIPS 73, Guidelines for Security of Computer Applications X ------- -------- ------- FIPS 74, Guidelines for Implementing (End of Section) ED-99-R-0045 Page B-2 and Using the NBS Data Encryption Standard X ------- -------- ------- FIPS 83, Guideline on User Authentication Techniques for Computer Network Access Contro x ------- -------- ------- FIPS 87, Guidelines for ADP Contingency Planning X -------- -------- ------- FIPS 92, Guidelines for Standard Occupational Classification (SOC)Codes X ------- -------- ------- FIPS 95-2, Codes for the Identification of Federal and Federally-Assisted Organizations -------- -------- ------- FIPS 101, Guideline for Lifecycle Validation, Verification, and Testing of Computer Software X -------- -------- ------- FIPS 102, Guideline for Computer Security Certification and Accreditation X ------- -------- ------- FIPS 103, Codes for the Identification of Hydrologic Units in the United States and the Caribbean Outlying Areas X ------- -------- ------- FIPS 106, Guideline on Software Maintenance X ------- -------- ------- FIPS 112, Password Usage X ------- -------- ------- FIPS 113, Computer Data Authentication X ------- -------- ------- FIPS 119-1, Ada X ------- -------- ------- FIPS 127-2, Database Language SQL X ------- -------- ------- FIPS 132, Guideline for Software Verification and Validation Plans X ------- -------- ------- FIPS 137, Analog to Digital Conversion of Voice by 2400 Bit/Second Linear Predictive Coding X ------- -------- ------- FIPS 139, Interoperability and Security Requirements for Use of the Data Encryption Standard in the Physical Layer of Data Communications X ------- -------- ------- FIPS 140-1, Security Requirements for Crytographic Modules X ------- -------- ------- FIPS 141, Interoperability and Security (End of Section) ED-99-R-0045 Page B-2 Requirements for Use of the Data Encryption Standard with CCITT Group 3 Facsimile Equipment X ------- -------- ------- FIPS 144, Data Communications Systems and Services-User Oriented Performance Parameters X ------- -------- ------- FIPS 150, Facsimile Coding Schemes and Coding Control Functions for Group 4 Facsimile Apparatus X ------- -------- ------- FIPS 151-2, Portable Operating System interface (POXIS) - System Appli- cation Interface (C Language) X ------- -------- ------- FIPS 155, Data Communication Systems and Services User-oriented Performance Measurement Methods X ------- -------- ------- FIPS 160, C X ------- -------- ------- FIPS 161-2, Electronic Data Inter- change (EDI) X ------- -------- ------- FIPS 162, 1,200 Bits per Second Two-Wire for Data Communications use on Telephone-Type Circuits X ------- -------- ------- FIPS 163, 2,400 Bits per Second Two-Wire Duplex Modems for Data Communications use on Telephone-Type Circuits X ------- -------- ------- FIPS 164, 2,400 Bits per Second Two-Wire Half-Duplex Modems for Data Communications use on Telephone-Type Circuits X ------- -------- ------- FIPS 165, 4,800 and 9,600 Bits per Second Four-Wire Duplex and Two-Wire Half-Duplex Modems for Data Communications use on Telephone- Type Circuits X ------- -------- ------- FIPS 166, 4,800 Bits per Second Two-Wire Duplex Modems for Data Communications use on Telephone-Type Circuits X ------- -------- ------- FIPS 167, 9600 Bits per Second Two-Wire Duplex Modems for Data Communications use on Telephone-Type Circuits X (End of Section) ED-99-R-0045 Page B-2 ------- -------- ------- FIPS 168, 12,000 and l4,000 Bits per Second Four-Wire Duples Modems for Data Communications use on Telephone-Type Circuits X ------- -------- ------- FIPS 169, Error Corrections in Modems Employing Asynchronous-To-Synchronous Conversion X ------- -------- ------- FIPS 170, Data Compression in Modems Employing CCITT Recommendation V.42 Error Corrections X ------- -------- ------- FIPS 171, Key Management Using ANSI X9.17 X ------- -------- ------- FIPS 172-1, VHSIC Hardware Description Language (VHDL) X ------- -------- ------- FIPS 173-1, Spatial Data Transfer Standard (SDTS) X ------- -------- ------- FIPS 175, Federal Building Standard for Telecommunications Pathways and Spaces X ------- -------- ------- FIPS 176, Residential and Light Commercial Telecommunications Wiring Standard X ------- -------- ------- FIPS 180-1, Secure Hash Standard (SHS) X ------- -------- ------- FIPS 181, Automated Password Generator ------- -------- ------- FIPS 182, Integrated Services Digital Network (ISDN) X ------- -------- ------- FIPS 183, Integration Definition for Function Modeling (IDEFO) X ------- -------- ------- FIPS 184, Integration Definition for Information Modeling (IDEFIX) X ------- -------- ------- FIPS 185, Escrowed Encryption Standard (EES) X ------- -------- ------- FIPS 186, Digital Signature Standard (DSS) X ------- -------- ------- FIPS 187, Administration Standard for the Telecommunications Infastructure of Federal Buildings X ------- -------- ------- FIPS 188, Standard Security Label for Information Transfer X ------- -------- ------- FIPS 189, Portable Operating System (End of Section) ED-99-R-0045 Page B-2 Interface (POSIX) Part 2: Shell and Utilities X ------- -------- ------- FIPS 190, Guideline for the Use of Advanced Authentication Technology Alternatives X ------- -------- ------- FIPS 191, Guideline for the Analysis of Local Area Network Security X ------- -------- ------- FIPS 192, Application Profile for the Government Information Locator Service (GILS) X ------- -------- ------- FIPS 192-1 (a) & (b), Applicatioin Profile the Government Information Locator Service (GILS) X ------- -------- ------- FIPS 193, SQL Environments X ------- -------- ------- FIPS 194, Open Document Architecture (ODA) Raster Document Application Profile (DAP) X ------- -------- ------- FIPS 195, Federal Building Grounding and Bonding Requirements for Telecommunications X ------- -------- ------- FIPS 196, Entity Authentication Using Public Key Cryptography --------------------------------------------- FEDERAL TELECOMMUNICATIONS STANDARDS (FED-STD) ---------------------------------------------- X ------- -------- ------- FED-STD 1002A, Telecommunications: Time and Frequency References Information in Telecommunication Systems X ------- -------- ------- FED-STD 1016, Telecommunications: Analog to Digital Conversion of Radio Voice by 4,800 Bit/second Code Excited Linear Prediction (CELP) X ------- -------- ------- FED-STD 1023, Telecommunications: Interoperability Requirements for Encrypted Digitized Voice Utilized with 25 KHz Channel FM Radios Operating Above 30 MHZ X ------- -------- ------- FED-STD 1035A, Telecommunications: Coding Modulations and Transmission Requirements for Single Channel Medium and High Frequency Radio Telegraph (End of Section) ED-99-R-0045 Page B-2 Systems Used In Government X ------- -------- ------- FED-STD 1037B, Telecommunications: Glossary of Telecommunications Terms X ------- -------- ------- FED-STD 1045A, Telecommunications HF Radio Automatic Link Establishments X ------- -------- ------- FED-STD 1046/1, Telecommunications: HF Radio Automatic Networking Section l: Basic Networking-ALE Controller X ------- -------- ------- FED-STD 1049/l, Telecommunications: HF Radio Automatic Link Establishments in Stressed Environments, Section l: Linking Protection 1 310-1 REPRESENTATION AUTHORITY (MARCH 1985) The offeror makes the following Representations and Certifications as part of its proposal (check or complete all appropriate boxes or blanks on the following pages). _________________________________ ____________________ (Name of Offeror) (RFP No.) _________________________________ ____________________ (Signature of (Date) Authorized Individual) ____________________________________________________________________ (TYPED NAME OF AUTHORIZED INDIVIDUAL) Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The Representations and Certifications must be executed by an individual authorized to bind the offeror. (End of Section) ED-99-R-0045 Page B-2 1 310-10 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (APRIL 1984) Offerors or quoters are requested to provide information regarding the following items in sufficient detail to allow a full and complete business evaluation. If the question indicated is not applicable or the answer is none, it should be annotated. If the offeror has previously submitted the information, it should certify the validity of that data currently on file at ED or update all outdated information on file. (A) Contractor's Name: _________________________________________ (B) Address (If financial records are maintained at some other location, show the address of the place where the records are kept): ____________________________________________________________ ____________________________________________________________ (C) Telephone Number: __________________________________________ (D) Individual(s) to contact re this proposal: _________________ ____________________________________________________________ (E) Cognizant Government: Audit Agency: ______________________________________________ Address: ___________________________________________________ Auditor: ___________________________________________________ (F) (1) Work Distribution for the Last Completed Fiscal Accounting Period: Sales: Government cost-reimbursement type prime contracts and subcontracts: $_________ Government fixed-price prime contracts and subcontracts: $_________ Commercial Sales: $_________ Total Sales: $_________ (2) Total Sales for first and second fiscal years immediately preceding last completed fiscal year. Total Sales for First Preceding Fiscal Year $_________ Total Sales for Second Preceding Fiscal Year $_________ (G) Is company an ED rate entity or division? ___________________________________________________________ If a division or subsidiary corporation, name parent company: ___________________________________________________________ (H) Date Company Organized: ___________________________________ (I) Manpower: Total Employees: __________________________________________ Direct: ___________________________________________________ Indirect: _________________________________________________ Standard Work Week (Hours): _______________________________ (J) Commercial Products: ______________________________________ ___________________________________________________________ (K) Attach a current organizational chart of the company. (L) Description of Contractor's system of estimating and accumulating costs under Government contracts. (Check appropriate blocks.) Estimated/ Standard (End of Section) ED-99-R-0045 Page B-2 Actual Cost Cost Estimating System Job Order ___________ ________ Process ___________ ________ Accumulating System Job Order ___________ ________ Process ___________ ________ Has your cost estimating system been approved by any Government agency? Yes __________ No __________ If yes, give name and location of agency: ________________ ____________________________________________________________ Has your cost accumulation system been approved by any Government agency? Yes __________ No __________ If yes, give name and address of agency: __________________ ____________________________________________________________ (M) What is your fiscal year period? (Give month-to-month dates): ____________________________________________________________ What were the indirect cost rates for your last completed fiscal year? Fiscal Indirect Basis Year Cost Rate Allocation Fringe Benefits _________ __________ Overhead _________ __________ G&A Expense _________ __________ Other _________ __________ (N) Have the proposed indirect cost rate(s) been evaluated and accepted by any Government agency? Yes _______ No_______ If yes, name and location of the Government agency: ______________________________________________________________ Date of last pre-award audit review by a Government agency: ________ (If the answer is no, data supporting the proposed rates must accompany the cost or price proposal. A breakdown of the items comprising overhead and G&A must be furnished.) (O) Cost estimating is performed by: Accounting Department: _________________________________ Contracting Department: _________________________________ Other (describe) ________________________________________ (P) Has system of control of Government property been approved by a Government agency? Yes __________ No __________ If yes, name and location of the Government agency: ___________________________________________________________ (Q) Purchasing Procedures: Are purchasing procedures written? Yes _______ No_______ Has your purchasing system been approved by a Government agency? Yes __________ No __________ If yes, name and location of the Government agency: ___________________________________________________________ (R) Does your firm have an established written incentive compensation or bonus plan? Yes __________ No __________ (End of Section) ED-99-R-0045 Page B-2 1 310-16 POST EMPLOYMENT CONFLICT OF INTEREST (MARCH 1985) The contractor certifies that in developing a proposal in response to the solicitation for this contract, it has not utilized the services of any former Education Department (ED) employee who, while working for the Government, participated personally and substantially in, or was officially responsible for, the development or drafting of the solicitation for this contract. The contractor further certifies that it did not utilize the services of such an ED employee in assisting or representing the offeror at negotiations for this contract. 2 310-6 DUPLICATION OF COST (MARCH 1985) The offeror represents and certifies that any charges contemplated and included in its estimate of cost for performance are not duplicative of any charges against any other Government contract, subcontract, or other Government source. 3 310-9 APPROVAL OF ACCOUNTING SYSTEM (MARCH 1985) The offer [_] does, [_]does not, have an approved accounting system for purposes of cost reimbursement under this requirement. If so, specify the approving government audit agency or office and the date of approval. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ___________________________________________________________________ (Date) 4 52.203-2 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 (End of Section) ED-99-R-0045 Page B-2 (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision___________________ ________________________________________________________________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provisione have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) 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 (End of Section) ED-99-R-0045 Page B-2 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) 1 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. "Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). /_/ TIN:____________________________. /_/ TIN has been applied for. /_/ TIN is not required because: /_/ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; /_/ Offeror is an agency or instrumentality of a foreign government; /_/ Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. /_/ Sole proprietorship; /_/ Partnership; /_/ Corporate entity (not tax-exempt); /_/ Corporate entity (tax-exempt); /_/ Government entity (Federal, State, or local); /_/ Foreign government; /_/ International organization per 26 CFR 1.6049-4; /_/ Other_____________________________. (e) Common Parent. /_/ Offeror is not owned or controlled by a common parent as defined (End of Section) ED-99-R-0045 Page B-2 in paragraph (a) of this provision. /_/ Name and TIN of common parent: Name_________________________________________________ TIN__________________________________________________ (End of provision) 1 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) (a) 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it /_/ is a women-owned business concern. (End of provision) 2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUNE 1999) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information: (1) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet Home Page at http://www.customerservice@dnb.com. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com. (End of provision) (End of Section) ED-99-R-0045 Page B-2 1 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 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 (End of Section) ED-99-R-0045 Page B-2 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 52.215-6 PLACE OF PERFORMANCE BUSINESS (OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, /__________ intends, / __________ , does not intend to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information: __________________________________________________________________________ PLACE OF PERFORMANCE (STREET NAME AND ADDRESS OF OWNER AND ADDRESS, CITY, STATE, COUNTY, ZIP OPERATOR OF THE PLANT OR FACILITY CODE) IF OTHER THAN OFFEROR OR RESPONDENT ___________________________________________________________________________ _________________________________ _______________________________ _________________________________ _______________________________ ___________________________________________________________________________ (End of provision) 2 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 1999) (a)(1) The standard industrial classification (SIC) code for this acquisition is 8741. (2) The small business size standard is 500 employees. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it /_ / is, /_ / is not a small business concern. (2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it /_ / is, /_ / is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it /_ / is, /_ / is not a women-owned small business concern. (c) Definitions. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. "Women-owned small business concern," as used in this provision, means a small business concern-- (1) Which is at least 51 percent owned by one or more women or, in the (End of Section) ED-99-R-0045 Page B-2 case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) 1 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1998) (a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation. (b) Representations. (1) General. The offeror represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either-- /_/ (i) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and (A) No material change in disadvantaged ownership and control has occurred since its certification; (B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (C) It is listed, on the date of this representation, on the register of small disadvantaged business concerns maintained by the Small Business Administration; or /_/ (ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (2) /_/ For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at (End of Section) ED-99-R-0045 Page B-2 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:_______.] (c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall-- (1) Be punished by imposition of a fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Small Business Act. (End of provision) 1 52.219-23 I NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS (OCT 1998)--ALTERNATE I (OCT 1998) (a) Definitions. As used in this clause-- "Small disadvantaged business concern" means an offeror that represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either-- (1) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and (i) No material change in disadvantaged ownership and control has occurred since its certification; (ii) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (iii) It is listed, on the date of its representation, on the register of small disadvantaged business concerns maintained by the Small Business Administration; (2) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. In this case, in order to receive the benefit of a price evaluation adjustment, an offeror must receive certification as a small disadvantaged business concern by the Small Business Administration prior to contract award; or (3) Is a joint venture as defined in 13 CFR 124.1002(f). "Historically black college or university" means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), and the Coast Guard, the term also includes any nonprofit research institution that was an integral part of such a college or university before November 14, 1986. "Minority institution" means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (End of Section) ED-99-R-0045 Page B-2 (20 U.S.C. 1135d-5(3)) which, for purposes of this clause, includes a Hispanic-serving institution of higher education as defined in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)). "United States" means the United States, its territories and possessions, the Commonwealth of Puerto Rico, the U.S. Trust Territory of the Pacific Islands, and the District of Columbia. (b) Evaluation adjustment. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-- (i) Offers from small disadvantaged business concerns that have not waived the adjustment; (ii) For DOD, NASA, and Coast Guard acquisitions, otherwise successful offers from historically black colleges or universities or minority institutions; (iii) Otherwise successful offers of eligible products under the Trade Agreements Act when the dollar threshold for application of the Act is equaled or exceeded (see section 25.402 of the Federal Acquisition Regulation (FAR)); (iv) Otherwise successful offers where application of the factor would be inconsistent with a Memorandum of Understanding or other international agreement with a foreign government; and (v) For DOD acquisitions, otherwise successful offers of qualifying country end products (see sections 225.000-70 and 252.225-7001 of the Defense FAR Supplement). (2) The factor shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. The factor may not be applied if using the adjustment would cause the contract award to be made at a price that exceeds the fair market price by more than the factor in paragraph (b)(1) of this clause. (c) Waiver of evaluation adjustment. A small disadvantaged business concern may elect to waive the adjustment, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply to offers that waive the adjustment. ____ Offeror elects to waive the adjustment. (d) Agreements. (1) A small disadvantaged business concern, that did not waive the adjustment, agrees that in performance of the contract, in the case of a contract for-- (i) Services, except construction, at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern; (ii) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern; (iii) General construction, at least 15 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern; or (iv) Construction by special trade contractors, at least 25 percent of the cost of the contract, excluding the cost of materials, will be performed by employees of the concern. (2) A small disadvantaged business concern submitting an offer in its own name agrees to furnish in performing this contract only end items manufactured or produced by small business concerns in the United States. This paragraph does not apply in connection with construction or service (End of Section) ED-99-R-0045 Page B-2 contracts. (End of clause) 1 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) (a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. (End of clause) 2 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) The offeror represents that-- (a) It /_/ has, /_/ has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation; (b) It /_/ has, /_/ has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) 3 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-99-R-0045 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-- (End of Section) ED-99-R-0045 Page B-2 (i) The dangers of drug abuse in the workplace; (ii) The Contractor's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; (4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will-- (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction. (5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment. (End of clause) 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 (End of Section) ED-99-R-0045 Page B-2 Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.) /_/ (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c); /_/ (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); /_/ (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); /_/ (iv) The facility does not fall within Standard Industrial Classification Code (SIC) designations 20 through 39 as set forth in section 19.102 of the Federal Acquisition Regulation; or /_/ (v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction. (End of provision) 1 52.225-1 BUY AMERICAN CERTIFICATE (DEC 1989) The offeror certifies that each end product, except those listed below, is a domestic end product (as defined in the clause entitled "Buy American Act--Supplies"), and that components of unknown origin are considered to have been mined, produced, or manufactured outside the United States. Excluded End Products Country of Origin ___________________________ _________________________ ___________________________ _________________________ ___________________________ _________________________ (List as necessary) Offerors may obtain from the contracting officer lists of articles, materials, and supplies excepted from the Buy American Act. (End of provision) (End of Section) ED-99-R-0045 Page B-2 1 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (MAY 1999) (a) This solicitation sets forth the work to be performed if a contract award results, and the Government's known delivery requirements for data (as defined in FAR 27.401). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16 of the FAR, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data--General clause at 52.227-14 that is to be included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data in lieu thereof. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor's facility. (b) As an aid in determining the Government's need to include Alternate II or Alternate III in the clause at 52.227-14, Rights in Data--General, the offeror shall complete paragraph (c) of this provision to either state that none of the data qualify as limited rights data or restricted computer software, or identify, to the extent feasible, which of the data qualifies as limited rights data or restricted computer software. Any identification of limited rights data or restricted computer software in the offeror's response is not determinative of the status of such data should a contract be awarded to the offeror. (c) The offeror has reviewed the requirements for the delivery of data or software and states [offeror check appropriate block]-- /__/ None of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software. /__/ Data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows: ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ NOTE: "Limited rights data" and "Restricted computer software" are defined in the contract clause entitled "Rights in Data--General." (End of provision) (End of Section) ED-99-R-0045 Page B-2 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 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. (End of Section) ED-99-R-0045 Page B-2 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 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 (End of Section) ED-99-R-0045 Page B-2 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. 3 311-1 TYPE OF CONTRACT (MARCH 1986) The Government contemplates award of a Cost Plus Incentive Fee Performance Based type contract from this solicitation. 4 311-17 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. (End of Section) ED-99-R-0045 Page B-2 1 311-2 GENERAL INSTRUCTIONS (APRIL 1999) The following instructions establish the acceptable minimum requirements for the format and content of proposals: Your special attention is directed to the requirements for technical and business proposals and past performance report to be submitted in accordance with these instructions. Any resultant contract shall include the general provisions applicable to the selected offeror's organization and type of contract awarded. Copies of general provisions may be obtained by contacting the Contracting Officer. Any additional clauses required by public law, executive order, or acquisition regulations, in effect at the time of execution of the proposed contract, will be included. The proposal must be prepared in three parts: A "Technical Proposal," "Business Proposal," and a "Past Performance Report." Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently of evaluation of the other. The technical proposal must not contain reference to cost; however, resource information, such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the technical proposal so that your understanding of the scope of the work may be evaluated. It must disclose your technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements of the technical proposal instructions. The proposal must be signed by an official authorized to bind your organization. You must submit an original and 7 copies of your technical proposal and an original and 4 copies of your business proposal and an original and one copy of your past performance report to: U.S. Department of Education Contracts and Purchasing Operations GSA-NCR Building, Rm. 3616 7th & D Streets, S.W. Washington, D.C. 20202-4443 Hand-carried proposals must be delivered by entering through the 'D' Street entrance of the building and stopping at the Guard's Desk. Offerors are directed to call Contracts and Purchasing Operations at 708-8191 (if no answer is received at this number please call the number listed under clause 311-6). Offerors should indicate for which RFP number they are submitting a proposal and should have proper identification. Offerors will be required to sign in and be escorted to Contracts and Purchasing Operations where the proposal will be officially received. Offerors should consider this delay in meeting the time specified for proposal receipt. The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M (if applicable)of this request for proposals. Offerors are encouraged to submit proposals on recycled paper with a high post-consumer waste content. It is understood that your proposal will become part of the official (End of Section) ED-99-R-0045 Page B-2 contract file. The RFP does not commit the Government to pay any cost for the preparation and submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. The RFP and all of the attachments including the Statement of Work will be available on the OCFO Web Site from the Contract Information/Contract Documents On-Line Page. The Internet address is ocfo.ed.gov. For technical questions on the OCFO Web Site, call Gary Weaver at 202/401-0083. 1 311-3 TECHNICAL PROPOSAL INSTRUCTIONS (MARCH 1986) Proposals which merely offer to conduct a program in accordance with the requirements of the Government's scope of work will not be eligible for award. You must submit an explanation of the proposed technical approach in conjunction with the tasks to be performed in achieving the project objectives. A detailed work plan must be submitted indicating how each aspect of the statement of work is to be accomplished. Your technical approach should be in as much detail as you consider necessary to fully explain your proposed technical approach or method. The technical proposal should reflect a clear understanding of the nature of the work being undertaken. The technical proposal must include information on how the project is to be organized, staffed, and managed. Information should be provided which will demonstrate your understanding and management of important events or tasks. You must explain how the management and coordination of consultant and/or subcontractor efforts will be accomplished. The technical proposal must include a list of names and proposed duties of the professional personnel, consultants, and key subcontractor employees assigned to the project. Their resumes should be included and should contain information on education, background, recent experience, and specific requirement related or technical accomplishments. The approximate percentage of time each individual will be available for this project must be included. The proposed staff hours for each of the above individuals should be allocated against each task or subtask for the project. The technical proposal must provide the general background, experience, and qualifications of the organization. Similar or related contracts, subcontracts, or grants should be included and contain the name of the customer, contract or grant number, dollar amount, time of performance, and the names and telephone numbers of the project officer and contracting/grants officer. The technical proposal must contain a discussion of present or proposed facilities and equipment which will be used in the performance of the contract. The technical proposal must be prepared and submitted in the following (End of Section) ED-99-R-0045 Page B-2 format: __________ Instructions for Proposal Development In addition to the proposal requirements specified in this RFP, the following requirements also apply. The technical proposal must describe the offeror's plans to accomplish each task producing each deliverable. Cost figures are to be restricted to the business proposal. This will be an incrementally funded 36 month contract. Offerors shall prepare separate technical and cost proposals according to the specifications provided in the RFP. Organization of technical proposal The technical proposal shall identify the authors of each section and shall contain the following sections: A.1. Table of contents A.2. Introduction - This section shall present the offeror's conceptualization of the purposes, products, and methodologies of the study. This section should also include a short summary of the offeror's qualifications and strengths relevant to the study. A.3. Work statement - The offeror shall organize by task and subtask descriptions of the work to be performed and the methods to be used. Each task shall be presented under separate heading with the same numerical designations and order as presented in Attachment A. This section should also include a discussion of anticipated problems and proposed means for overcoming them. In view of the specificity with which this work statement outlines some of the deliverables, it is expected that offerors may find more opportunity in some tasks than in others for conceptual, technical, and procedural innovation. Where deemed appropriate by the offeror, a proposal for a task or subtask may be a detailed amplification as to how the tasks or subtasks will be implemented. Any variations on the specifications for deliverables defined in this RFP must be accompanied by a technical and/or management rationale, and a separate rate statement if the variation affects the cost of implementing the study. Alternative proposals will be adopted if overall performance would be improved and if they are in the best interests of the Government. Alternative proposals that deviate from any requirements of this RFP shall be clearly identified (see section for alternate proposals). A.4. Management, staffing, and scheduling - For successful completion of this study, the contractor needs an effective management plan which enables the implementation of inter-related tasks on schedule and within parameters of the final revised cost proposal. (End of Section) ED-99-R-0045 Page B-2 Proposals in response to this procurement should demonstrate a clear understanding of the complexity of the tasks and present an effective management system. Offerors shall list the key personnel proposed, their proposed responsibilities, percentage of time each is committed to the project, and other contractual obligations for each during the course of this award. An organizational chart shall be provided which indicates all personnel (key personnel should be so indicated), their time commitments to each task, and the proposed lines of responsibility and authority, coordination, and communication within the offering organization and with subcontractors (if any), with consultants, and with NCES. Time commitments are to be expressed in person hours and shown in separate tables per task (and total) form. In addition to the manpower loading table, the offeror should submit both a schedule for task activities and for the delivery of products, and charts (e.g., GANTT charts) showing activities plotted on a time scale. A.5. Qualifications and availability of project personnel - For all except clerical staff, 2-page resumes should be provided showing each person's professional background, including specializations and degrees held, and relevant professional experience. These resumes should also indicate reference contacts (including addresses and phone numbers for both Federal and non-federal COTRs). A chart shall also be submitted showing the major personnel's expertise and experience relevant to the study. Include only individuals who have a significant time commitment on relevant tasks. A.6. Corporate experience - This section should describe the offeror's relevant past and current experience in conducting studies of a similar or comparable nature. Brief summaries of such work should be submitted, including the names, current affiliations, and current telephone numbers of project directors. All similar federal contracts should be included. (Overlap between those names included with project personnel is acceptable). B. Additional requirements B.1. Staff qualifications The offeror shall provide staff who have technical expertise, knowledge, and experience in all areas related to this study. These areas include: educational research; economic and econometric research, financial audits and other examinations of financial records; survey methodology; complex statistics and sampling methodologies; imputation methodologies; the use of complex statistical software such as SAS, SPSS, and STATA; the development of integrated software systems for data collection and management such as the IMS and IDCP, ECB and DAS; postsecondary education, and especially postsecondary education management and financing; field data collection; and gaining cooperation from a large and diverse number of people. Key personnel assigned to this project must have successful experience in: (End of Section) ED-99-R-0045 Page B-2 1) studies of the costs and expenses of postsecondary education, especially those examining the relation between costs and prices, education demand and supply; 2) studies involving major logistical and training requirements; 3) studies with major policy implications; and 4) studies of longitudinal data with inter-related data sets. The project director (PD) shall have experience in managing and conducting large scale surveys, such as longitudinal surveys. The PD shall be a good problem solver, communicator, and team builder. The PD shall be capable of identifying problems early or anticipating them before they occur. If such a management team is proposed, there should be clear lines of authority and responsibility. Because of the nature of this project, the project director should either personally have or be closely assisted by someone with expertise in computer-assisted data entry (CADE). Further, the offeror shall provide evidence that the management team has worked well together in the past. The project director (together with the technical director if a management team approach is proposed) shall have full-time commitment to the project and be prepared to maintain this commitment over the critical stages of the project. Other key staff shall be persons with a long-term commitment to the project. The competencies of these persons should complement those of the project director. These individuals should be experienced in working as part of a project team. They shall be people with demonstrated ability to meet deadlines and produce high quality products within budget. B.2. Corporate experience The offeror should be able to show demonstrated ability to conduct studies at the level and complexity required by this contract. The corporation must possess functional expertise in the following areas: a. The design and use of national statistical samples of postsecondary education institutions; b. The preparation of OMB clearance packages; c. The conduct of large scale data collection operations; d. The analysis of large bodies of economic and financial data; e. The examination of postsecondary institution financial, faculty and student records; f. The processing, maintenance, and control of large data bases; g. The development and implementation of confidentiality systems; h. The development of data files which can be used to merge information from multiple data sets; i. The development of clear and complete documentation for data files; j. The weighting of complex samples and the imputation for missing data by multiple methods; and k. Preparation of materials which meet NCES standards. The corporation must possess or acquire functional expertise in the following additional areas: (End of Section) ED-99-R-0045 Page B-2 a. College price model development; b. Defining and measuring variables in college price models; c. Estimating model parameters and their standard errors; and d. Statistical testing of hypotheses associated with the parameters of such models. In addition, the firm undertaking the work must have performed well on other projects of similar size and scope and must have demonstrated: low turnover of key staff, high quality control standards, adherence to budget limitations, responsiveness to the government contract specialist and NCES COTR, and timeliness and acceptability of project deliverables. The ability to meet deadlines and produce high quality products within budget is of utmost importance. 1 311-4a BUSINESS PROPOSAL INSTRUCTIONS (FEB 1996) The offeror(s) business proposal must contain the following information. This RFP may contain additional RFP-specific business proposal instructions elsewhere in Section L or in Section J. A. Standard Form 33, "Solicitation, Offer and Award", the Special Provision article entitled "Contract Administrator," and "Representations, Certifications, and Other Statements of Offerors or Quoters of Section K" must be properly filled out and signed by an official authorized to bind the offeror. Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFP. B. The information, if any, required by the provision FAR 52.215-20, "Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, Alternative IV" as incorporated in Section L of this solicitation. C. Property and equipment - It is ED policy that contractors provide all equipment and facilities necessary for performance of contracts; however, in some instances, an exception may be granted to furnish Government-owned property or to authorize purchase with contract funds. If additional equipment must be acquired, you must include in your proposal the description and estimated cost of each item, and whether you propose to acquire the item with your own funds. The description shall include the following elements for individual items which will exceed $1,000 in cost: (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 (End of Section) ED-99-R-0045 Page B-2 title, that is proposed to be used in the performance of the prospective contract. D. Other Administrative Details: (1) The proposal shall list the names and telephone numbers of persons authorized to conduct negotiations. (2) Block 12 of Standard Form 33 must contain a Statement to the effect that your offer is firm for a period of at least 60 calendar days from the date of receipt of offers specified by the Government. E. Responsibility of Prospective Contractor - In order for an offeror to receive a contract, the contracting officer must first make an affirmative determination that the prospective contractor is responsible in accordance with the provisions of FAR 9.104. To assist the contracting officer in this regard, the offeror shall supply sufficient categorical descriptions and statements to establish the following: (1) The offeror's financial capability; including detail for the accounting system and controls employed by the offeror; (2) the offeror's capability to meet delivery or performance schedules; (3) the offeror's record of past performance, including a listing of references with contract and grant numbers and the addresses and phone numbers of those with whom the offeror has most recently conducted 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 (End of Section) ED-99-R-0045 Page B-2 is applicable. 1 311-6 CLARIFICATION QUESTIONS (APRIL 1998) Offerors must submit all clarification questions concerning this solicitation in writing to the contract specialist. Questions may be submitted via E-Mail, fax or regular mail to: Sang Park U.S. Department of Education ROB-3, Room 3616 7th & D Streets, S.W. Washington, D.C. 20202-4447 E-Mail: Sang_Park@ed.gov FAX: 202/708-9817 ED will accept clarification questions until September 3, 1999. After this date ED does not guarantee that a response will be given. Oral explanations or instructions given by the Government before the award of the contract(s) shall not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if a lack of it would be prejudicial to any other prospective offerors. 2 311-7 PROVISION FOR EVALUATION FACTOR AMENDMENTS (MARCH 1986) It is hereby provided that the evaluation factors for award under Section M herein shall not be modified except by a formal amendment to this solicitation and that no factors other than those set forth in that section shall be used in the evaluation of the technical proposals. 3 311-8 ALTERNATE PROPOSALS (APRIL 1998) Offerors may submit alternate proposals, or proposals that depart from stated requirements; PROVIDED, that a proposal for performance of the work, as specified in the statement of work is also submitted. Alternate proposals, or deviations from any requirements of this RFP, must be clearly identified. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the Government, shall be clearly identified and explicitly defined. These proposals may be considered if overall performance would be improved or not compromised and if they are in the best interest of the Government. Alternate proposals, or deviations from any requirements of this RFP, must be clearly identified. The Government reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements. (End of Section) ED-99-R-0045 Page B-2 1 311-9 COMMENTS ON SMALL BUSINESS REGULATORY ENFORCEMENT(JUNE 1998) Small Business Comments are Important: The Small Business and Agriculture Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were established to receive comments from small businesses about federal agency enforcement actions. The Ombudsman will annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If you wish to comment on the enforcement actions of the U.S. Department of Education, call 1-888-REG-FAIR (1-888-734-3247). 2 314-1 PAST PERFORMANCE REPORT (MAR 1996) Each offeror shall submit the following information as a separately bound part of its proposal for both the offeror and proposed major subcontractors. Major, as defined here and in the remainder of sections L and M regarding past performance, is any subcontractor that is subcontracted for a minimum of 25% of the total contract amount. Each major subcontractor shall identify the name of the prime contractor on each of its past performance forms. If the offeror has no relevant corporate or organizational past performance, the offeror may substitute past performance of a predecessor company or of the offeror's management or proposed key personnel who have relevant experience. A. Each offeror shall submit information about its most recent four contracts, completed in the last three years or currently in process, which are of similar size, scope, complexity or, in any way, are relevant to the effort required by this solicitation. If the offeror's last four similar contracts are all currently in process, submit the last three similar contracts currently in process, and the most recent similar contract completed within the last three years. Contracts listed may include those entered into by the Federal Government, agencies of State and local governments and commercial customers. Contracts with the parent or an affiliate of the offeror may not be used. Include the following information for each contract and subcontract: 1. Identification a. Name of the contracting activity b. Program title or product name c. Contract number d. Contract type e. Period of performance, including all option periods f. Contract Value: (1) Initial projected total contract amount including all option periods (2) Final or current projected total contract amount including all option periods g. Points of Contact (1) Contracting officer and telephone and fax number and e-mail address (if known) (End of Section) ED-99-R-0045 Page B-2 (2) Administrative contracting officer, if different from above, and telephone and fax number and e-mail address (if known) (3) Program manager, COTR or technical officer and telephone and fax number and e-mail address (if known) 2. Work performed and relevance a. Brief synopsis of work performed b. Brief discussion of how the work performed is relevant to the statement of work in this solicitation c. Brief, specific examples of the offeror's high quality performance 3. If any of the listed contracts are award-fee or incentive contracts, include a table showing fees awarded and the minimum and maximum available fee for each period. 4. Paragraph E. below requires you to send a copy of the "Contractor Information Form" to each of your references. In your past performance report, include: a. The date you sent the "Contractor Information Form" to each reference. b. How you sent it (e.g., fax, mail, express delivery service, courier, e-mail, etc.). c. To whom you sent it including telephone and fax number and e-mail address (if known). B. The offeror may provide information on problems encountered on the contracts and subcontracts identified in A above and corrective actions taken to resolve those problems. Other than the information requested in A above, offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references. C. Offerors should understand the difference between experience and past performance. Experience reflects the offeror's capability of performing a requirement. Past performance reflects how well it has performed similar requirements. In assessing past performance, the quality of the offeror's past performance is of primary significance, not the quantity of previous contracts performed. An offeror's experience will be evaluated in the technical proposal. For further guidance on including information on experience or how experience will be evaluated refer to the technical proposal instructions and evaluation criteria. D. The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the product or service required. Such awards or certifications include, for example, the Malcolm Baldrige Quality Award, other government quality awards, and private sector awards or certifications(e.g., the automobile industry's QS 9000, Sematech's SSQA, or ANSI/EIA-599). (End of Section) ED-99-R-0045 Page B-2 Identify which segment of the company (one division or the entire company) received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply. Information about awards will be considered in evaluation of each of the past performance subfactors described in Section M. The offeror may describe how the award relates to one or more of the subfactors. E. No later than the date proposals are due under this solicitation (see Block 9 of Standard Form 33), send a copy to each of your four references of the "Contractor Performance Information" form attached to this solicitation.Ask each reference to complete the form and return it to the contracting officer as prescribed on the form. Completed forms from references are due l0 calendar days after the date proposals are due under this solicitation. Request that the reference please return the completed form to the contracting officer by this date. Do not ask the reference to give you a copy of the completed form or any information therefrom. Beyond that initial request, you do not need to follow up with the reference; the contracting officer will contact the reference if necessary. F. Each offeror will be evaluated on its performance under existing and prior contracts for similar products or services. Performance information will be used for both responsibility determinations and as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the government. The government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The "Contractor Performance Information" form identified in Section J will be used to collect this information. References other than those identified by the offeror may be contacted by the Government with the information received in the evaluation of the offeror's past performance. 1 3452.232-71 INCREMENTAL FUNDING (AUG 1987) (a) Sufficient funds are not presently available to cover the total cost of the complete project described in this solicitation. However, it is the Government's intention to negotiate and award a contract using the incremental funding concepts described in the clause titled 'Limitation of Funds' in FAR 52.232-22. Under that clause, which will be included in the resultant contract, initial funds will be obligated under the contract to cover an estimated base performance period. Additional funds are intended to be allotted to the contract by contract modification, up to and including the full estimated cost of the entire period of performance. This intent notwithstanding, the Government will not be obligated to reimburse the contractor for cost incurred in excess of the periodic allotments, nor will the contractor be obligated to perform in excess of the amount allotted. (b) The Limitation of Cost clause in FAR 52.232-20 shall supersede the Limitation of Funds clause in the event the (End of Section) ED-99-R-0045 Page B-2 contract becomes fully funded. (END OF PROVISION) 1 52.215-20 IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST PRICING DATA (OCT 1997)--ALTERNATE IV (OCT 1997) (a) Submission of cost or pricing data is not required. (b) Provide information described below: As part of its business proposal, the offeror shall submit information to help the contracting officer determine the reasonableness of the proposed price and assess cost realism. The offeror should include at least the following information: The estimated cost and fee (if any) for the base contract period and for any option periods; Salaries of proposed key personnel; Number of hours proposed for key personnel; Indirect cost rates used in preparing the cost proposal; Any property or equipment costing over $1,000 proposed for purchase; and Significant assumptions used, such as inflation rates for subsequent years. The offeror may use the format indicated in Table 15-2 of 15.408 or its own format for this information. The offeror may include other information to show that the offeror can complete the work at the proposed price. The contracting officer reserves the right to require cost or pricing data if the contracting officer subsequently determines that none of the exceptions under FAR 15.403-1 apply and that the contract amount exceeds the threshold at FAR 15.403-4(a)(1). 2 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (OCT 1997)--ALTERNATE I (OCT 1997) (a) Definitions. As used in this provision-- "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal. "In writing" or "written" means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. "Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. "Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as (End of Section) ED-99-R-0045 Page B-2 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 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; (End of Section) ED-99-R-0045 Page B-2 (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 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." (End of Section) ED-99-R-0045 Page B-2 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, 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 (End of Section) ED-99-R-0045 Page B-2 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 proposal shall result in a binding contract without further action by either party. (11) The Government may disclose the following information in postaward debriefings to other offerors: (i) The overall evaluated cost or price and technical rating of the successful offeror; (ii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection; (iii) A summary of the rationale for award; and (iv) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (End of provision) (End of Section) ED-99-R-0045 Page B-2 1 52.215-16 FACILITIES CAPITAL COST OF MONEY (OCT 1997) (a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in subparagraph 31.205-10(a)(2) of the Federal Acquisition Regulation are met. One of the allowability criteria requires the prospective contractor to propose facilities capital cost of money in its offer. (b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money. (End of provision) 2 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause) 3 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (MAY 1999) The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration. (1) The solicitation number (or other procurement identification number). (2) The offeror's name and remittance address, as stated in the offer. (3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror's official authorized to provide this information. (4) The name, address, and 9-digit Routing Transit Number of the offeror's financial agent. (5) The offeror's account number and the type of account (checking, savings, or lockbox). (6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror's financial agent. (7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror's financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment. (End of provision) (End of Section) ED-99-R-0045 Page B-2 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 the Contracting Officer. (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.21 Additional cost proposal instructions In the cost proposal, offerors should repeat the staffing plan from the technical proposal, in comparable format, and show the dollar cost, by task and subtask, for each person for each assignment. Cost estimates should be provided for individual tasks and subtasks as well as for the full study, and each should contain breakdowns of direct charges for personnel, materials, supplies, consultants, equipment, telephone, printing, and all other major budget items. Technical review panel meetings shall be scheduled for two days each and be located in Washington D.C metropolitan area, convenient to the NCES offices. The contractor shall plan on four review panel meetings and shall pay for all associated expenses, including travel and per diem for non-Federal members. An itemized budget is required, including documentation of overhead costs. Costs for subcontractors should be separately itemized. All indirect cost rates shall be clearly specified for the bidder and any proposed subcontractors. This contract is to be incrementally funded. Therefore, offerors should prepare cost proposals by task and subtask, and cumulative funds consumption by quarter. 2 312-2 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 (End of Section) ED-99-R-0045 Page B-2 technical to produce a combined quality rating. The relative importance of combined quality factors to cost or price is described in paragraph (A). 2. Past performance subfactors: a. Quality of Product or Service - compliance with contract requirements - accuracy of reports - appropriateness of personnel - technical excellence. b. Problem Resolution - anticipates and avoids or mitigates problems - satisfactorily overcomes or resolves problems - prompt notification of problems - pro-active - effective contractor-recommended solutions. c. Cost Control - within budget - current, accurate and complete billings - costs properly allocated - unallowable costs not billed - relationship of negotiated costs to actual - cost efficiencies. d. Timeliness of Performance - meets interim milestones - reliable - stays on schedule despite problems - responsive to technical direction - completes on time, including wrap-up and contract administration - no liquidated damages assessed. e. Business Relations - effective management - use of performance-based management techniques - business-like concern for the customer's interests - effective management and selection of subcontractors - effective small/small disadvantaged business subcontracting program - reasonable/cooperative behavior - effective use of technology in management and communication - flexible - minimal staff turnover - maintains high employee morale - resolves disagreements without being unnecessarily litigious. f. Customer Service - understands and embraces service and program goals - team approach with the customer - satisfaction of end users with the contractor's service - positive customer feedback - prompt responses - courteous interactions - effective escalations and referrals - initiative and proactive improvements - creative service strategies. Bonus Rating--Where the offeror has demonstrated an exceptional performance level in any of the above six subfactors, the contracting officer may give additional consideration for that factor. It is expected that this rating will be used in those rare circumstances when contractor performance clearly exceeds the performance level of "excellent." 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 (End of Section) ED-99-R-0045 Page B-2 be considered. The contracting officer will give greater consideration to information about an offeror's past performance that the contracting officer considers either more reliable or more relevant to the effort required by this solicitation. 4. Evaluation of past performance may be quite subjective,based on consideration of all relevant facts and circumstances.It will include consideration of the offeror's commitment to customer satisfaction and will include conclusions of informed judgement. 5. An offeror will be given an opportunity to discuss adverse past performance information, if the offeror has not had a previous opportunity to comment on the information. The contracting officer may review recent contracts to ensure that corrective measures raised in discussions have been implemented.Prompt corrective action in an isolated instance might not outweigh an overall negative trend. 6. If no relevant information on past performance is available for an offeror, the offeror will not be evaluated favorably or unfavorably credit. (C) Technical Evaluation Criteria: In accordance with the technical evaluation criteria, technical solutions that exceed any mandatory minimums will be given appropriate evaluation credit. See Attachment C (End of Section) ED-99-R-0045 Page B-2