CSS_RFQ_Virtual Production Webcasting.docx

REQUEST FOR QUOTES

Virtual Event Production Support Combined Synopsis / Solicitation # 91990122Q0002

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. The solicitation for commercial services is being conducted under FAR Part 12 in conjunction with FAR Part 13.5. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through FAC Number/Effective Date: 2022-06 / 05-26-2022. The NAICS Code is 519130, Internet Publishing and Broadcasting and Web Search Portals, and the size standard is 1,000 employees.

The Department of Education (ED), Office of the Secretary (OS), Conference and Events Management Services (CEMS) division requires virtual event platform and production support for Department-hosted events for a 12-month period of performance. The expected attendance for each event is between 500 - 10,000 attendees and may include videos, graphic presentations, and panel discussions. Some presenters may be onsite while others are remote. The virtual events will typically be no more than 3 hours each. The programs may be produced within ED facilities in Washington, DC. or at off-site venues as deemed appropriate by ED. The Department will handle pre-planning with its internal constituents, run of show, and project management requirements for each event.

This is a Request for Quotation for information on virtual event webcasting service offerings. The firm selected to receive an offer from ED is required to register in the System for Award Management (SAM) and to maintain active registration during the life of the contract. SAM can be accessed at https://www.sam.gov. Firms shall include their Unique Entity Identifier. The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. The firm selected for an offer from the Department will need to provide Offeror Representations and Certifications prior to any award.

REQUIREMENTS

The complete requirements are included in the Statement of Work (SOW), uploaded as a separate attachment.

QUOTE INSTRUCTIONS:

In addition to price, the quote should include an overview of the services the contractor will provide and any Assumptions used to determine the price. Firm-fixed-price quotes shall include the following:

1. Company Profile and Corporate Capabilities - provide a description of your business the year established in the current business for the services requested in this RFQ, , information on company size, number of employees, and experience of key personnel and indicate how much time each person(s) will devote to this project.

2. Platform and Technology - a description of the technology and/or platform to be used to produce events - describe your ability to support hybrid virtual events including live feed, etc., your audio, video (live-streaming) functionality. Please describe what audio and video formats you support. Address whether or not your solution provides an option for participants to download supplemental materials such as handouts, your tool’s chat, Q&A and other interactive features, ability to integrate with other social networking tools, including Facebook, Twitter, and LinkedIn, and any other social features available. Is the back end of your solution accessible to ED? Describe your platform’s reporting functionality and provide samples of your reports. If possible, provide graphic samples, demonstrations of what your platform looks like or links to previously recorded events on the platform.

3. Customer Support and Staffing – describe what type of customer support is available for event development before and during a virtual event. Indicate how you would staff a virtual conference, including the number of staff you would have on-site for a virtual event.

4. References – a brief description of the types and sizes of client organizations served, as well as a sample client list indicating the type of services rendered for three (3) examples of relevant work that has occurred since January 1, 2021 (similar in size and scope to a typical event ED will require as described in the SOW). Include a contact name, phone number, and e-mail address for each reference. References may be contacted as part of the evaluation process.

5. A detailed cost quote. Provide an itemized listing of your proposed pricing that can be incorporated into a Pricing Schedule to be used to price individual task orders for virtual events. State where there may be extra fees for either customizations or extra services. Provide a standard price list for any additional add-ons not included in this RFQ.

QUOTE EVALUATION:

Quotes will be evaluated as follows:

52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical capability and quality of proposed services offered to meet the Government requirement;

(ii) Corporate Experience – for this requirement, vendor must a minimum of 5 recent years’ experience providing webcasting support and services. Must have prior experience working with government (Federal, State or Local) supporting at least 10,000 attendees during a single webcast meeting.

(iii) Price;

(iv) Past Performance - the Government will evaluate Past Performance in accordance with FAR 13.603-2(b)(3). The evaluation of past performance will be based on the contracting officer’s knowledge of and previous experience with the services being acquired, including surveys of other past ED users of a particular vendor, outreach to references included in the quote, and/or by checking the quoter’s information in the Government’s past performance CPARS system using the DUNS number included in the quote.

Technical and past performance, when combined, are significantly more important than cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Terms and Conditions

The following FAR and EDAR provisions and clauses apply to the RFQ and any resulting purchase order.

1. 52.252.-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Education Department Acquisition Regulation (EDAR) provisions can be reviewed at http://edocket.access.gpo.gov/2011/pdf/2011-4660.pdf.

Federal Acquisition Regulation provisions and clauses can be reviewed at:

http://www.acquisition.gov/far/loadmainre.html

2. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

3. 52.212-3 Offeror Representations and Certifications-Commercial Items. (MAY 2022)

4. 52.212-4 Contract Terms and Conditions-Commercial Items (NOV 2021)

5. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (MAY 2022) Under 52.212-5, the Contracting Officer has indicated the following clauses as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

X (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

X (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

X (41) 52.225-1, Buy American-Supplies (May 2014) X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

6. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

7. FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

8. FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

9. CONTRACT DEFINITION

This is an indefinite delivery indefinite quantity (ID/IQ) contract with fixed unit prices, as defined under Subparts 16.202 and 16.5 of the Federal Acquisition Regulation. Task orders will be issued on a fixed-price basis.

10. FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months from Date of Award.

11. FAR 52.216-27 Single or Multiple Awards (OCT 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

12. 301-26b Contract Minimum/Maximum and Order Limitations (APRIL 1997) The minimum amount for this contract is $10,000.00. The Contractor is not obligated to honor any single task order more than $75,000.00. The maximum amount for each year is $150,000.00.

13. 301-21 Contract Amount Increase/Decrease (APRIL 1997)

(a) The Government shall have the right to unilaterally increase the not-to-exceed amount of this contract at any time in order to provide sufficient funds to cover the anticipated quantity of services and supplies for the remainder of the contract term. Additional funds will be obligated on appropriate contract modifications signed by the Contracting Officer. Such funding modifications shall state the existing total contract amount, the amount of increased funding, and the new total contract amount.

(b) The Government shall also have the right to unilaterally decrease the amount of this contract in the same manner as above.

14. 301-24a PRICING SCHEDULE (APRIL 1997) The prices for services set forth in the Pricing Schedule shall apply for payment purposes for all quantities acquired under this contract.

The Contractor may not charge the Government for any services associated with this contract at any prices or rates other than those specified in the Pricing Schedule.

** “Pricing Schedule TBD at award, to be included as an attachment”

15. 301-25 Task Order Competition (APRIL 1997) At the discretion of the Government, individual task orders may be competed among the contracts awarded pursuant to FAR 16.505(b). Individual criteria for evaluation purposes shall be spelled out in the specific Task Order Request for Proposal.

Source selection decisions made under these limited competition procedures shall not be subject to the Disputes Clause of this contract (FAR 52.233-1 or its Alternate). The Contracting Officer's source selection decisions for any task awarded under this contract shall be final. However, complaints from contractors on task order contracts will be reviewed by the Task Order Ombudsman for the Department of Education.

16. FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

17. FAR 52.217-8 Option to Extend Services (NOV 1999) 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 30 days of contract expiration.

18. FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

19. EDAR 3452.201-70 CONTRACTING OFFICER`s REPRESENTATIVE (COR) (MAY 2011)

(a) The Contracting Officer`s Representative (COR) is responsible for the technical aspects of the project, technical liaison with the contractor, and any other responsibilities that are specified in the contract. These responsibilities include inspecting all deliverables, including reports, and recommending acceptance or rejection to the contracting officer.

(b) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes that affect the contract price, terms, or conditions. Any contractor requests for changes shall be submitted in writing directly to the contracting officer or through the COR. No such changes shall be made without the written authorization of the contracting officer.

(c) The COR`s name and contact information: [to be inserted at award] (d) The COR may be changed by the Government at any time, but notification of the change, including the name and address of the successor COR, will be provided to the contractor by the contracting officer in writing. (End of Clause)

20. EDAR 3452.204-71 DEVIATION (JUN 2021) Notice to Offerors of Department Contractor Security Vetting Requirements (DEVIATION) (JUN 2021)

a) The successful offeror shall comply with Department of Education personnel, cyber, privacy, security policy requirements as set forth in Contractor Security Vetting Requirements at http:// www.ed.gov/fund/contract/about/bsp.html.

b) Contractor employees who will have access to proprietary or sensitive ED information including Controlled Unclassified Information as defined in 32 CFR Part 2002.4(h), ED IT systems, contractor systems operated with ED data or interfacing with ED systems, ED facilities or space, and/or perform duties in a school or in a location where children are present, must undergo a personnel security screening and a receive favorable determination and are subject to reinvestigation as described in the Contractor Vetting Security Requirements. Compliance with the Contractor Vetting Security Requirements, as amended, is required.

c) The type of security investigation required to commence work on an ED contract is dictated by the position designation determination assigned by ED. All ED contractor positions are designated commensurate with their position risk/sensitivity, in accordance with Title 5 Code of Federal Regulations (5 CFR 731.106) and OPMs Position Designation Tool (PDT) located at: https:// pdt.nbis.mil/. The position designation determines the risk level and the corresponding level of background investigations required.

(d) The contractor shall comply with all contractor position designations established by ED.

e) The following are the contractor employee positions required under this contract and their designated risk levels:

High Risk (HR): [- Moderate Risk (MR): [- ] Low Risk (LR): [XX ]

(f) For performance-based contracts where ED has not identified required labor categories for contractor positions, ED considers the risk sensitivity of the services to be performed and the access to ED facilities and systems that will be required during performance, to determine the uniform contractor position risk level designation for all contractor employees who will be providing services under the contract. The uniform contractor position risk level designation applicable to this performance-based contract is:

[N/A ]

g) Only U.S. citizens will be eligible for employment on contracts requiring a Moderate Risk/Public Trust, High Risk/Public Trust, or a National Security designation.

h) Permanent resident aliens may be eligible for employment on contracts requiring Low Risk/ Public Trust access.

i) An approved waiver, in accordance with Contractor Vetting Security Requirements is required for any exception to the requirements of paragraphs (g) and (h) above.

(j) The Contractor shall-

1) Comply with the Principal Office (PO) processing requirements for personnel security screening,

2) Ensure that no contractor employee is placed in a higher risk position than for which he or she is approved,

3) Ensure contractor employees submit required security forms for reinvestigation in accordance with the timeframes set forth in the Contractor Vetting Security Requirements,

4) Report to the COR any information (i.e., personal conduct, criminal conduct, financial difficulties, etc.) that would raise a concern about the suitability of a contractor or whether a contractor employees continued employment would promote the efficiency of the service or violate the public trust,

5) Protect sensitive and Privacy Act-protected, including Controlled Unclassified Information as defined in 32 CFR Part 2002.4(h), from unauthorized access, use or misuse by its contractor employees, prevent unauthorized access by others, and report any instances of unauthorized access, use or misuse to the COR,

6) Report to the COR within two business days any removal of a contractor employee from a contract; or within one business day if removed for cause,

7) Upon the occurrence of any of the events listed under paragraph (b) of FAR Clause 52.204-9, Personal Identity Verification of Contractor Personnel, return a PIV ID to the COR within seven business days of the contractor employees departure; and

8) Report to the COR any change to job activities that could result in a change in the contractor employees position or the need for increased security access.

(k) Failure to comply with any of the personnel security requirements, set forth in Contractor Security Vetting Requirements at http://www.ed.gov/fund/contract/about/bsp.html, may result in a termination of the contract for default or cause.

(End of provision)

21. EDAR 3452.204-72 DEVIATION (JUN 2021) Contractor Security Vetting Requirements. (DEVIATION) (JUN 2021)

a) The contractor and its subcontractors shall comply with Department of Education personnel, cyber, privacy, security policy requirements as set forth in Contractor Security Vetting Requirements at http://www.ed.gov/fund/contract/about/bsp.html.

b) Contractor employees who will have access to proprietary or sensitive ED information including Controlled Unclassified Information as defined in 32 CFR Part 2002.4(h), ED IT systems, contractor systems operated with ED data or interfacing with ED systems, ED facilities or space, and/or perform duties in a school or in a location where children are present, must undergo a personnel security screening and a receive favorable determination and are subject to reinvestigation as described in the Contractor Vetting Security Requirements. Compliance with the Contractor Vetting Security Requirements, as amended, is required.

c) The type of security investigation required to commence work on an ED contract is dictated by the position designation determination assigned by ED. All ED contractor positions are designated commensurate with their position risk/sensitivity, in accordance with Title 5 Code of Federal Regulations (5 CFR 731.106) and OPMs Position Designation Tool (PDT) located at: https:// pdt.nbis.mil/. The position designation determines the risk level and the corresponding level of background investigations required.

d) The contractor shall comply with all contractor position designations established by ED.

e) The following are the contractor employee positions required under this contract and their designated risk levels:

High Risk (HR): [- ] Moderate Risk (MR): [- ] Low Risk (LR): [- XX ]

f) For performance-based contracts where ED has not identified required labor categories for contractor positions, ED considers the risk sensitivity of the services to be performed and the access to ED facilities and systems that will be required during performance, to determine the uniform contractor position risk level designation for all contractor employees who will be providing services under the contract. The uniform contractor position risk level designation applicable to this performance-based contract is:

[N/A ]

g) Only U.S. citizens will be eligible for employment on contracts requiring a Moderate Risk/Public Trust, High Risk/Public Trust, or a National Security designation.

(h) Permanent resident aliens may be eligible for employment on contracts requiring Low Risk/ Public Trust access.

(i) An approved waiver, in accordance with Contractor Vetting Security Requirements is required for any exception to the requirements of paragraphs (g) and (h) above.

(j) The Contractor shall-

(1) Comply with the Principal Office (PO) processing requirements for personnel security screening,

(2) Ensure that no contractor employee is placed in a higher risk position than for which he or she is approved,

(3) Ensure contractor employees submit required security forms for reinvestigation in accordance with the timeframes set forth in the Contractor Vetting Security Requirements,

(4) Report to the COR any information (i.e., personal conduct, criminal conduct, financial difficulties, etc.) that would raise a concern about the suitability of a contractor or whether a contractor employees continued employment would promote the efficiency of the service or violate the public trust,

(5) Protect sensitive and Privacy Act-protected, including Controlled Unclassified Information as defined in 32 CFR Part 2002.4(h), from unauthorized access, use or misuse by its contractor employees, prevent unauthorized access by others, and report any instances of unauthorized access, use or misuse to the COR,

(6) Report to the COR within two business days any removal of a contractor employee from a contract; or within one business day if removed for cause,

(7) Upon the occurrence of any of the events listed under paragraph (b) of FAR Clause 52.204-9, Personal Identity Verification of Contractor Personnel, return a PIV ID to the COR within seven business days of the contractor employees departure; and

(8) Report to the COR any change to job activities that could result in a change in the contractor employees position or the need for increased security access.

(k) Failure to comply with any of the personnel security requirements, set forth in Contractor Security Vetting Requirements at http://www.ed.gov/fund/contract/about/bsp.html, may result in a termination of the contract for default or cause.

(End of Clause)

22. EDAR 3452.239-71 DEVIATION (JUN 2021) Notice to Offerors of Department Security and Privacy Requirements for Information Technology Procurements (DEVIATION) (JUN 2021)

(a) The successful offeror and any of its future subcontractors shall, at all times, maintain compliance with the most current version of Department of Education requirements as set forth in Security and Privacy Requirements for Information Technology Procurements posted at http:// www.ed.gov/fund/contract/about/bsp.html.

(b) Performance of this contract will [X ] will not [ ] involve access to ED IT systems and/or contractor systems operated with ED data or interfacing with ED systems. For contracts that require access to ED IT systems and/or contractor systems operated with ED data or interfacing with ED systems, the Information Security Categorization applicable to each security objective has been determined to be:

(c) Performance of this contract [ ] does involve [ X] does not involve Personally Identifiable information (PII) or Controlled Unclassified Information as defined in 32 CFR Part 2002.4(h). The Confidentiality Impact Level of such information has been determined to be:

[ ]Not Applicable [ X ]Low [ ]Moderate [ ]High.

(d) Failure to comply with Department of Education Security and Privacy Requirements for Information Technology Procurements may result in a termination of the contract for default or cause.

(End of Provision)

23. EDAR 3452.202-1 DEFINITIONS--DEPARTMENT OF EDUCATION (MAY 2011)

(Reference 3452.202-1)

24. 3452.209-70 CONFLICT OF INTEREST CERTIFICATION (MAY 2011)

(a)(1) The contractor, subcontractor, employee, or consultant, by signing the form in this clause, certifies that, to the best of its knowledge and belief, there are no relevant facts or circumstances that could give rise to an organizational or personal conflict of interest, (see FAR Subpart 9.5 for organizational conflicts of interest) (or apparent conflict of interest), for the organization or any of its staff, and that the contractor, subcontractor, employee, or consultant has disclosed all such relevant information if such a conflict of interest appears to exist to a reasonable person with knowledge of the relevant facts (or if such a person would question the impartiality of the contractor, subcontractor, employee, or consultant). Conflicts may arise in the following situations:

h) Unequal access to information. A potential contractor, subcontractor, employee, or consultant has access to non-public information through its performance on a government contract.

i) Biased ground rules. A potential contractor, subcontractor, employee, or consultant has worked, in one government contract, or program, on the basic structure or ground rules of another government contract.

j) Impaired objectivity. A potential contractor, subcontractor, employee, or consultant, or member of their immediate family (spouse, parent, or child) has financial or other interests that would impair, or give the appearance of impairing, impartial judgment in the evaluation of government programs, in offering advice or recommendations to the government, or in providing technical assistance or other services to recipients of Federal funds as part of its contractual responsibility. "Impaired objectivity" includes but is not limited to the following situations that would cause a reasonable person with knowledge of the relevant facts to question a person`s objectivity:

(A) Financial interests or reasonably foreseeable financial interests in or in connection with products, property, or services that may be purchased by an educational agency, a person, organization, or institution in the course of implementing any program administered by the Department;

j) Significant connections to teaching methodologies or approaches that might require or encourage the use of specific products, property, or services; or

k) Significant identification with pedagogical or philosophical viewpoints that might require or encourage the use of a specific curriculum, specific products, property, or services.

l) Offerors must provide the disclosure described above on any actual or potential conflict of interest (or apparent conflict of interest) regardless of their opinion that such a conflict or potential conflict (or apparent conflict of interest) would not impair their objectivity.

m) In a case in which an actual or potential conflict (or apparent conflict of interest)is disclosed, the Department will take appropriate actions to eliminate or address the actual or potential conflict, including but not limited to mitigating or neutralizing the conflict, when appropriate, through such means as ensuring a balance of views, disclosure with the appropriate disclaimers, or by restricting or modifying the work to be performed to avoid or reduce the conflict. In this clause, the term "potential conflict" means reasonably foreseeable conflict of interest.

9) The contractor, subcontractor, employee, or consultant agrees that if "impaired objectivity", or an actual or potential conflict of interest (or apparent conflict of interest) is discovered after the award is made, it will make a full disclosure in writing to the contracting officer. This disclosure shall include a description of actions that the contractor has taken or proposes to take to avoid, mitigate, or neutralize the actual or potential conflict (or apparent conflict of interest).

10) Remedies. The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid the appearance of a conflict of interest. If the contractor was aware of a potential 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. These remedies include imprisonment for up to five years for violation of 18 U.S.C. 1001 and fines of up to $5000 for violation of 31 U.S.C. 3802. Further remedies include suspension or debarment from contracting with the Federal government. The contractor may also be required to reimburse the Department for costs the Department incurs arising from activities related to conflicts of interest. An example of such costs would be those incurred in processing Freedom of Information Act requests related to a conflict of interest.

11) In cases where remedies short of termination have been applied, the contractor, subcontractor, employee, or consultant agrees to eliminate the organizational conflict of interest, or mitigate it to the satisfaction of the contracting officer.

12) The contractor further agrees to insert in any subcontract or consultant agreement hereunder, provisions that conform substantially to the language of this clause, including specific mention of potential remedies and this paragraph (e).

13) Conflict of Interest Certification.

The offeror, , hereby certifies that, to the best of its knowledge and belief, there are no present or currently planned interests (financial, contractual, organizational, or otherwise) relating to the work to be performed under the contract or task order resulting from Request for Proposal No. that would create any actual or potential conflict of interest (or apparent conflicts of interest) (including conflicts of interest for immediate family members: spouses, parents, children) that would impinge on its ability to render impartial, technically sound, and objective assistance or advice or result in it being given an unfair competitive advantage. In this clause, the term "potential conflict" means reasonably foreseeable conflict of interest. The offeror further certifies that it has and will continue to exercise due diligence in identifying and removing or mitigating, to the Government`s satisfaction, such conflict of interest (or apparent conflict of interest).

Offeror`s Name RFP/Contract No. Signature Title Date (End of Clause)

25. EDAR 3452.224-70 Release of Information Under the Freedom of Information Act (MAY 2011)

26. EDAR 3452.227-71 ADVERTISING OF AWARDS (MAY 2011)

27. EDAR 3452.227-72 USE AND NON-DISCLOSURE AGREEMENT (MAY 2011)

28. EDAR 3452.237-71 Observance of Administrative Closures (MAY 2011)

Addendum to 3452.237-71 Observance of Administrative Closures (MAR 2011) The following Federal holidays are observed under this contract:

· New Year’s Day

· Birthday of Martin Luther King, Jr.

· Washington’s Birthday

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veteran’s Day

· Thanksgiving Day

· Christmas Day

29. EDAR 3452.239-70 INTERNET PROTOCOL VERSION 6 (MAY 2011)

30. EDAR 3452.242–71 Notice to the Government of delays (MAR 2011)

31. EDAR 3452.242-73 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities (MAY 2011)

32. EDAR 3452.243-70 KEY PERSONNEL (MAY 2011)

(a) The personnel designated as key personnel in this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, or otherwise substituting any other personnel for specified personnel, the contractor shall notify the contracting officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract effort. No diversion or substitution shall be made by the contractor without written consent of the contracting officer; provided, that the contracting officer may ratify a diversion or substitution in writing and that ratification shall constitute the consent of the contracting officer required by this clause. The contract shall be modified to reflect the addition or deletion of key personnel.

(b) The following personnel have been identified as Key Personnel in the performance of this contract:

Labor Category Name: TBD during negotiations

(End of Clause)

33. Task Order Procedures

(a) Task orders shall be issued by the Contracting Officer in accordance with the procedures specified in this clause. Task orders will be issued on a Fixed Price basis. The Government shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in the task orders for work delivered or rendered and accepted.

(b) Initially, a Statement of Work for a proposed task order will be furnished to the Contractor as well as a request for a technical and price proposal. Whenever possible, proposals shall be due not later than 5 working days from the date of request. Last minute requests will arise from time to time and some tasks may require quicker turnaround times. The Department will notify the contractor of the turnaround time in the task RFQ. Technical and price negotiations will be held if necessary. The labor categories, as defined in the Statement of Work and loaded labor rates or firm-fixed-prices as listed in the Pricing Schedule, shall be utilized by the Contractor when submitting proposals for task orders. The price for each task order shall be determined based on the estimated level of effort required to perform the work and the rates, or unit prices, set forth in the Pricing Schedule.

(c) Each finalized task order will be signed by the Contracting Officer as a single party instrument, not requiring the Contractor's signature. As a minimum, each task order will contain the following:

1. Date of the order;

2. Each task order will be numbered consecutively;

3. Contract number will be indicated on each task order;

4. Period of performance will be indicated on each task order;

5. The Statement of Work for the task shall be attached and the Contractor's proposal for the task shall be incorporated by reference. In case of a conflict between those, the former shall take precedence.

7. The total firm fixed price.

(d) The contractor's acceptance of each task order shall be presumed by its commencement of work called for therein. If the Contractor finds any task order unacceptable for any reason, it shall contact the Contracting Officer within 24 hours after receipt of such task order and not begin the work required therein until the problem has been resolved.

(e) All task orders are subject to the terms and conditions of this contract. In the event of a conflict between a task order and this contract, the contract shall control.

(f) The Contractor will not accept task orders which exceed the not-to-exceed amount of the contract or which require performance beyond the contract termination date.

(g) Invoices for services ordered under task orders shall be listed by task order number and shall include for each task order: For fixed price task orders: Unit prices and quantities for each item for the period billed; the cumulative quantity of items or units for each deliverable; the cumulative amount billed for each item; the cumulative amount for the task order;

(h) Orders may be placed by electronic commerce methods. Orders may be placed via facsimile or email with telephone or written confirmation.

(i) In the event any task is so urgent that time cannot be allowed to issue a task order in writing, the Contracting Officer may provide oral authorization for the Contractor to proceed. In such an event, the Contracting Officer will identify the contract number, the task order number, and state the cost. Oral authorization will be confirmed in writing through the issuance of a task order.

34. 306-1c: Invoice and Contract Financing Requests Submission - IPP (May 2018)

(a) Payments shall be rendered in accordance with the identified payment schedule(s), and any other incorporated payment clause(s), specified rates, and/or fixed price amounts.

(b) The Contractor shall submit invoices electronically by means of the web-based system, Invoice Processing Platform (IPP), which can be accessed at http://www.ipp.gov/. All submitted invoices must be accompanied by supporting documentation in accordance with the contract's terms and conditions. The supporting documentation shall be submitted in the following formats: Adobe Acrobat (pdf), Microsoft Word (doc), Pictures (jpeg), Microsoft Excel (excel), or Microsoft Outlook message (msg).

(c) Invoice Number Format - The format for the invoice shall be the contract number followed by the invoice number. The invoice number shall have no spaces, dashes, or other special characters. The invoice number cannot exceed 21 characters. An example of an acceptable invoice number format follows:

IPP Invoice No.: 91990018C000115897126 (Note that the last three digits ["341"] from the Contractor's invoice number were removed due to the 21 character limitation.)

(d) If the Contractor has not already established an IPP account that is active, an IPP account will be automatically created on behalf of the Contractor. The automatically created IPP account will be issued to the Designated Primary Administrator, which will be the individual that has been identified in the "Accounts Receivable POC" section of the Contractor's System for Award Management (SAM) registration located at https://www.sam.gov/portal/public/SAM/.

(e) Within ten (10) business days of the Contractor entering or updating the Accounts Receivable POC information within the Contractor's SAM registration, the Designated Primary Administrator will receive an email from the IPP Customer Support Team containing the Designated Primary Administrator's IPP username. Within 24 hours of receiving the initial email, the Designated Primary Administrator will receive a second email containing their IPP password. Once both emails have been received, the Designated Primary Administrator must log into IPP and complete the registration process.

(f) The Contractor's Designated Primary Administrator will be authorized to further designate other administrators under the Contractor's IPP account who may submit invoices on behalf of the Contractor.

(g) The Contractor must ensure that the "Accounts Receivable POC" section of its SAM registration is accurate and up to date.

(h) In the event an invoice is rejected, the Contractor shall make the necessary corrections and resubmit the invoice by means of IPP. Any questions, concerns, or issues regarding the use of IPP should be directed to the IPP Customer Support Team, as identified at http://www.ipp.gov/.

35. 309-1a LIST OF ATTACHMENTS Attachment A – Statement of Work Attachment B - Pricing Schedule (TBD at Award)

QUOTE SUBMISSION

Please email questions to Gary Weaver, Contracting Officer, at (Gary.Weaver@ed.gov) by 5:00 pm EST on, August 22, 2022. Written quotes are due via email to Gary.Weaver@ed.gov by 2:00 pm EST on August 31, 2022. Late quotations will not be considered.