Section L - Amendment 2.doc

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

GENERAL Proposal Preparation Instructions

Please note that Migrant Education Statute states that eligible bidders are limited to State Education Agencies, Local Education Agencies, Institutions of Higher Education, and public or private non-profit organizations.

L-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.acquisition.gov/far Provisions Incorporated by Reference

L-2 TYPE OF CONTRACT

The Government contemplates the award of a Fixed Price contract resulting from this solicitation.

L-3 PROTESTS

Protests, as defined in section 33.101 of the Federal Acquisition Regulation (FAR), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

{Stephanie Girard, Contracting Officer}

The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.4 DEBRIEFING

The Contracting Officer shall offer a debriefing to all offerors in accordance with FAR 15.506.

L-5 ELECTRONIC SOLICITATION

This is an all-electronic solicitation release. No hard copies will be mailed. Solicitation information and amendments will be posted to the Federal Business Opportunities website at www.fbo.gov. It is the responsibility of each offeror to review the web page for notice of amendments, updates or changes to current information.

L-6 SPECIAL NOTICE TO OFFERORS

(a) Failure to submit any of the information requested by this solicitation may be cause for unfavorable consideration. Upon receipt, all proposals become Government property.

(b) The exclusive responsibility for source selection will reside with the Government. Proprietary information submitted in response to this solicitation will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C. 423) (hereinafter referred to as "the Act") as implemented in the FAR.

(c) Funds are presently available for this contract. The Government reserves the right to phase the project based upon funds available. The phases will be based on the successful offeror's cost proposal submitted in accordance with Section L herein.

L-7 CONFIDENTIAL INFORMATION

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and proposals submitted to federal agencies. If an Offeror’s submission contains information that he/she believes should be withheld on the grounds that they contain “trade secrets and commercial or financial information” [5 USC§552(b)(4)], the Offeror should:

· 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 [insert numbers or other identification of sheets]” and

· 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 restriction on the title page of this proposal.”

L-8 PROPOSAL SUBMITTAL

(a) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(b) All Volumes referenced in Section L-16 must be received prior to 12:00 Noon EDT, July 28, 2010. The Government POC will provide a receipt showing the time and date of delivery. Late submissions will not be accepted. Proposals shall be submitted to the following electronic mailbox:

Jake von Reyn Contract Specialist jake.vonreyn@ed.gov Solicitation Number: ED-ESE-10-R-0051

(c) The proposal should be packaged for delivery so as to ensure safe and timely arrival at destination. All proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Any commitments made in the proposal shall become a part of the resultant contract. In no case shall words like "we will comply with the requirements of the contract," or equivalent statements, be acceptable to meet the requirements of this RFP. Failure to comply with these instructions may result in the offeror's proposal being summarily rejected.

(e) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition, and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it 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

(2) There is acceptable evidence to establish that it was received at the Government location designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(f) Acceptable evidence to establish the time of receipt at the Government location includes the time/date stamp on the proposal wrapper, other documentary evidence of receipt maintained by the Government, or oral testimony or statements of Government personnel.

(g) 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, 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.

(h) By electronic submission of a proposal, the Offeror certifies that the electronic proposals submitted have been verified as readable on the machine and operating system format specified in L-16 in the solicitation; and, the magnetic media on which electronic proposals are submitted have been verified as free of viruses using industry standard anti-virus software. Prior to any evaluation, the Government will check all documents for viruses and ensure that all documents are readable. In the event that a document is defective (unreadable), the Government will only evaluate the readable electronic files. However, if the defective (unreadable) document renders a significant deficiency in the Offeror's proposal, the Government may consider the proposal incomplete and not further consider such proposal for evaluation.

(i) Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet unless otherwise changed by the Contracting Officer.

L-9 PROPOSAL REVISION, MODIFICATION, AND WITHDRAWAL

(a) The Government reserves the right to award the contract without discussions in accordance with FAR 15.306 and 52.215-1; therefore, Offerors should propose the best offer initially. If the Government determines that discussions are necessary, final proposal revisions will be requested. Should the Government enter into discussions, all Offeror responses to technical proposal questions shall be provided to the Government in writing as part of the revised proposal. Offerors may submit revised proposals only if requested or allowed by the Contracting Officer. The Offeror shall not revise the information provided for the oral presentation.

(b) 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 correction to an error at any time before award. A late modification of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(c) Proposals may be withdrawn by written notice received at any time before award. Proposals may be withdrawn in person by an offeror or an authorized representative if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

L-10 INQUIRIES AND COMMUNICATION WITH THE GOVERNMENT

(a) All correspondence in conjunction with this solicitation should be directed to the Government's Point of Contact (POC) identified below:

POC: Jake von Reyn, Contract Specialist

Phone: 202-245-6763 Fax: 202-245-6278

E-mail: jake.vonreyn@ed.gov

(b) Offerors are instructed to contact only the POC for information about any aspect of the solicitation. Prospective Offerors are cautioned against contacting other Government personnel in regard to this solicitation prior to award. Prospective Offerors are also cautioned to advise potential subcontractors or teaming members of this instruction.

L-11 REQUEST FOR CLARIFICATION (RFC)

Questions and requests for RFP clarification are due on July 16, 2010 at 2:00 PM EST. The only acceptable method of submission is electronic submission to Jake.vonreyn@ed.gov. The Government will not provide any information concerning requests for clarifications in response to telephone calls, or other written or faxed queries from Offerors. The Government reserves the right not to provide an answer for any RFC received after the date stated above. The Government will provide responses to all questions no later than seven workdays following date above. Answers will be posted to the website cited in L-5.

L-12 PRE-AWARD SURVEY

(a) Offerors are advised that the Government may contact potential contractors to ascertain their capabilities to perform the work specified in this solicitation. Current financial statements and other pertinent data should be available at that time. Areas of interest on this survey may include, but are not limited to the following:

· Performance Plans

· Quality Assurance and Control Plans

· Personnel Recruitment and Training Plans

· Workload factors for manpower utilization

· Management Plan for handling peak workloads

(b) Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that an Offeror will receive or is in the best position to receive the resultant award.

L-13 PRIME CONTRACTOR RESPONSIBILITIES

If the Offeror proposes a teaming arrangement, the Offeror shall be the prime contractor and all other team members shall be subcontractors. The prime contractor shall be responsible for all requirements.

L-14 INSTRUCTIONS TO OFFERORS (FAR 52.215-1) (Jan 2004) 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,” “writing,” or “written” means any worded or numbered expression that 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 to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

L-15 SOLICITATION RESPONSE REQUIREMENTS

(a) The Government warns Offerors that taking exception to any term or condition of the RFP (including submitting any alternate proposal that requires relaxation of a requirement) will make an offer unacceptable, and the Offeror ineligible for award, unless the RFP expressly authorizes such an exception with regard to that specific term or condition. The Government will consider any exception to any term or condition of the

RFP expressly authorized by the RFP to be a deficiency.

(b) The written technical proposal shall be prepared in accordance with these instructions and shall be evaluated in accordance with the evaluation criteria and evaluation standards in Section M, Evaluation Factors for Award. Technical proposals must include necessary information to enable the evaluators to form a definitive conclusion concerning the offeror's ability to perform the required services.

(c) The proposal shall be accompanied by a cover letter (letter of transmittal) prepared on the company’s letterhead stationery. The cover letter (letter of transmittal) shall identify all enclosures being transmitted and shall be used only to transmit the proposal and shall include no other information. The first page of the proposal must show--

(1) The solicitation number;

(2) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(3) 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;

(4) 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

(5) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(d) Clarity and completeness of the proposal are of the utmost importance. The proposal must be written in a practical, clear and concise manner. It must use quantitative terms whenever possible and must avoid qualitative adjectives to the maximum extent possible. Proposal volumes must be internally consistent or the proposal will be considered unrealistic and may be considered unacceptable.

L-16 SPECIFIC PROPOSAL PREPARATION INSTRUCTIONS

(a) Written proposals shall be submitted in four volumes as outlined below. Offerors shall include a cover sheet with each volume, which clearly identifies each volume, by volume number, volume name, and copy number (i.e., Volume I, Technical Proposal), RFP number, date of submission, and the Offerors’ name.

(b) The table of contents shall list sections, subsections and page numbers. Each volume shall contain a glossary of all abbreviations and acronyms used. Each acronym used shall be spelled out in the text the first time it appears in each proposal volume.

(c) Each volume, other than the Cost/Price volume, shall be written to the greatest extent possible on a stand-alone basis so that its content may be evaluated with a minimum of cross-referencing to other volumes of the proposal. Cross-referencing within a proposal volume is permitted where its use would conserve space without impairing clarity. Information required for proposal evaluation, which is not found in its designated volume or cross-referenced, is assumed omitted from the proposal.

(d) The Offerors shall submit the following volumes of material as indicated below:

Section 1 – Technical Approach

20 Pages and a 1 page Executive Summary (21 pages total)

Section 2 –Management Plan and Quality Control Plan

15 Pages and a 1 page Executive Summary (16 pages total)

Section 3 – Personnel

20 pages (2 pages per resume) – (Letters of intent not included in page count)

Section 4 – Partnering/Subcontracting Plan

No Limit

(e) Volume I – Volume I shall consist of the following sections:

(1) Section 1, Technical Approach – limited to a maximum of 20 typewritten pages with a 1-page Executive Summary.

(2) Section 2, the Management Plan and Quality Control Plan – limited to a maximum of 15 typewritten pages with a 1-page Executive Summary

(3) Section 3, Personnel information – limited to a maximum of three typewritten pages per individual, including resume and one page of minimum qualifications and no more than 20 pages total for all personnel. Letters of intent are not counted against the 20 page limit.

(4) Section 4, Partnering/Subcontracting Plan – has no page limit. Each large business offeror shall submit a Subcontracting Plan as part of their proposal submission. Offerors are advised that the small business-subcontracting requirement for this contract is 23 percent.

(f) Volume II – Volume II shall include copies of all actual slides to be presented during the oral presentation. (See Oral Presentation Instructions at L.18)

(g) Volume III – Volume III shall include all Past Performance information as defined in Section L-19.2 and shall not exceed two pages per reference and no more than 20 pages total for all past performance.

(h) Volume IV – Volume IV shall include all cost/price information as defined in Section L-19.2 and shall be strictly limited to cost and price information. Volume IV shall include costs for the base period and the three option years in Schedule B. The cost proposal shall include a summary for each year and a four-year summary.

(i) The written sections of the proposal shall conform to the following requirements:

(1) The cover letter, title page, table of contents, table of figures, list of tables, tabs and dividers, and glossary of abbreviations and acronyms do not count against page count limitations. Proposal contents that exceed the stated page limitations will be removed from the proposal by the Contracting Officer, prior to turning the proposal over to the Government evaluation teams, and will not be considered in the evaluation.

(2) Proposals shall be prepared using "Times New Roman" font style in point size 12 on standard 8 ½ x 11 inch white paper, double spaced. Resumes may be single-spaced. A 12- pitch type size shall be used for tables or graphics. “Foldout” pages sized 11” x 17” are permitted for charts or other graphics that cannot be legibly presented on 8 ½” x 11” paper. Margins shall be 1 inch on all sides in portrait orientation, except for information presented in tabular/graphic format and oral presentation charts; these exceptions may be prepared in landscape orientation. Offerors should ensure that each page provides identification of the submitting Offeror in the margin (header or footer). Multiple pages or foldouts will count as an equivalent number of 8 ½" x 11" pages.

(3) Professionally bound hard covers shall be used for each volume with each section of information under a separate tab divider. Each volume shall be a separate document and shall include a “Table of Contents” which provides enough detail to quickly locate key elements of the offer and tabs or dividers separating each volume section.

(4) Each offeror shall submit an Executive Summary of no more than 1 page total, which summarizes the key points from the offeror’s proposal. The Executive Summary Section is not included in the page limitation.

(j) Proposals will be evaluated using Microsoft Office Word 2007 and Microsoft Office Excel 2007. Microsoft Office Project 2007 may be used for schedule presentation. Submitted electronic proposals must be readable in these specified formats. Offerors may submit proposals in alternate formats (such as Adobe Acrobat), provided that an appropriate Windows viewer is provided to the Government. Each document submitted electronically should be named and marked with the offeror's name, solicitation number, and volume number.

(k) Any data previously submitted in response to another solicitation will be assumed unavailable, and this data must not be incorporated into the technical proposal by reference.

L-17 ORAL PRESENTATION

(a) The oral presentation is required to be specific and relative to the evaluation criteria set forth in Section M. The presentation will not encompass price or cost and fee. The Contracting Officer will schedule presentations with offerors as soon as possible after the determination of the competitive range. The order in which offerors will make their presentations will be determined by random selection. The Government reserves the right to reschedule presentations at the sole discretion of the Contracting Officer.

(b) The location will be the US Department of Education, United States Government: Department of Education, 4000 Maryland Ave., SW, Washington, DC 20202-0008 Address: Not true? Show all edits Not true?

or other announced location. The Government will provide the Offerors with access to the room in which the presentation is to occur one-half hour before the scheduled start time. This is to provide Offerors time to prepare for their presentation. The Government reserves the right to change the oral presentation site at the sole discretion of the Contracting Officer.

(c) Offerors shall make their oral presentation in person to the Technical Evaluation Team and the Contracting Office representatives. Submission of videotapes or other forms of video contained in the presentation for evaluation, in lieu of the Oral Presentation, will not be authorized and such proposals will be rejected.

(d) Only members of the offeror's and proposed subcontractor's in-house staff shall participate in the presentation. The only exception is that an individual who is proposed as Key Personnel to perform on the contract but who is not currently employed by the offeror/subcontractor may participate in the presentation. For any portion of the work to be subcontracted, members of the proposed subcontractor's staff shall make that portion of the presentation relative to the work its firm will be performing. Offerors are encouraged to have individuals proposed as "key personnel" participate in the presentation.

(e) The oral presentation site will be arranged “conference style” with an overhead projector and screen provided. Offerors are free to structure their oral presentations using 8-1/2” x 11” vu-graphs (slides, transparencies) or computer-generated media. If the Offeror chooses to utilize an electronic projection, they must provide their own equipment. The number of vu-graphs (or other media) should be reasonable for the stated time limits for presentation. Use of these visual aids is at the offeror’s discretion.

(f) The oral presentation slides (both transparencies used during the live oral presentation and paper copies in Volume II-Technical Proposal) shall conform to the following specifications:

· Dimensions of Slides: 8.5 inches by 11 inches

· Slide Orientation: Landscape

· Color of Ink on Slides: Blue and/or Black

· Text Font Size: 20 points

(g) The Contracting Officer will tell the Offeror when to start its oral presentation, will keep track of how much time has elapsed during the oral presentation, and will stop the Oral Presentation at the end of the allotted time period if the Offeror has not concluded its Oral Presentation.

(h) The Offeror’s oral presentation shall not exceed 1.5 hours. The time limitation shall be strictly enforced, and the Contracting Officer reserves the right to terminate the presentation when it overruns the 1.5-hour limit. A 15-minute break will be given halfway through the presentation. This time will not count against the time limit. The time required for clarification will not be counted against the offeror's time limit.

(i) The oral presentation will be videotaped by the Government, be available to the Technical Evaluation Team for their review during the source selection, and be maintained as part of the source selection record. The videotape of the live oral presentation will be considered part of the Offerors’ proposal and will not be releasable under the Freedom of Information Act.

(j) The use of cellular phones and pagers shall be prohibited during the presentations.

(k) Questions and “sidebar” conversations will not be permitted during the presentations.

(l) The Offeror may use notes during presentation. The Government before, during, or after the live oral presentation will accept no handout or supplemental notes of any kind. Promotional marketing tools shall not be a part of the presentation.

(m) The oral presentation shall not constitute discussions as defined in FAR 15.306. Furthermore, after completion of the oral presentation, the Government may request clarification of any points addressed which are unclear and may ask for an elaboration by the offeror on any point which was not adequately supported. Any such interchange between the Offeror and the Government will be for clarification only, and also will not constitute discussions. The offeror's answers to Government questions shall not be used to cure proposal deficiencies or material omissions, to materially alter the technical or cost elements of the proposal, or to otherwise revise the offeror's proposal in any way. The Government will not address questions raised by the offeror either during the live oral presentation or during the question and answer session.

L-18 CONTENT OF PROPOSAL

L-18.1 GENERAL

(a) The Offeror shall submit documentation illustrating its approach for satisfying the requirements of this solicitation. Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation of the Offeror’s proposal against the evaluation criteria. Proposals must clearly demonstrate how the Offeror intends to accomplish the requirements and must include convincing rationale and substantiation of all claims. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete effective response to the solicitation are not desired.

(b) The Offeror shall describe its proposal, through the use of graphs, charts, diagrams and narrative, in sufficient detail for the Government to understand and evaluate the nature of the approach. In its evaluation and confidence assessment, the Government will consider the degree of substantiation of the proposed approaches in the proposal volumes and in response to any discussions.

Proposals shall demonstrate the autonomy of the onsite Project Manager; subcontractor teaming arrangements; management and staffing practices; information technology business and contract processes and procedures; performance; customer, tasking, and workload requirements; contract stability; and achievements and lessons learned.

(d) The proposal shall include completed solicitation sections A, B, and K, including all documents, exhibits, and attachments. The submission of these items in accordance with the instructions will, upon acceptance by the Government, contractually bind the Government and the Contractor to the terms and conditions.

L-18.2 PROPOSAL VOLUMES

Proposals submitted in response to this solicitation must be in four volumes as outlined below.

(a) VOLUME I – TECHNICAL PROPOSAL

Volume I, Technical Proposal, contains four sections as discussed below. The Management Plan, Quality Control Plan, and Partnering/Subcontracting Plan, if applicable, shall be submitted with the written portion of the Technical Proposal. No cost or price information may be included in the technical volume. Offerors shall note that components require both a written proposal deliverable and an oral presentation response. The technical volume may not be classified and shall consist of the following sections:

(1) Section 1 – Technical Approach. This section is limited to 20 pages. Offerors shall -

· Describe a technical approach that demonstrates the Offeror’s understanding of the technical requirements described in the PWS.

· Describe Offeror’s ability to accomplish the full scope of technical requirements anticipated.

· Provide an organizational chart and proposed skills mix that clearly identifies the management, teams, and key positions to be utilized in meeting requirements under the contract.

· Describe overall management approach with regard to organization, coordination, monitoring, and control of projects. Describe interface with on-site, home office, subcontractor operations, design and implementation teams, government project managers, contracting officials, inspectors, and users demonstrating thorough understanding of the processes.

· Describe plan for responding to and managing multiple tasks of varying size and complexity simultaneously.

· Demonstrate the ability to effectively team with subcontractors, teaming partners, and their clients.

· Describe the project manager’s role in the organization and indicate who on the team will have the prime responsibility for total coordination of all disciplines.

· Describe overall corporate capabilities to accomplish the requirements and to provide best value services.

· Describe the risks associated with the PWS and any risks associated with the Offeror's proposed technical approach; describe any techniques, methods, and actions that will be used by the offeror to mitigate the risk(s) identified in the PWS and in the offeror's proposed technical approach and provide an explanation of whether the techniques and methods identified for risk mitigation have been successfully used by the offeror.

(2) Section 2 – Management Plan and Quality Control Plan. This section is limited to 15 pages. Offerors shall -

· Provide a detailed Management Plan that will be followed during contract execution describing plans for oversight of the resultant contract. Describe procedures, processes and methods for tracing the progress of the project and interface with the Government from beginning to end.

· Include the proposed lines of responsibility, authority, and communication through which the tasks will be managed.

· Propose policies and procedures for managing and directing the effort for productivity, quality, cost control, and cost management.

· Describe and fully identify critical schedule and cost events correlated with the technical requirements of the PWS.

· Discuss the methods by which source documentation will be protected and controlled.

· Describe the planned application of essential resources to the execution of requirements.

· Define the proposed organizational structure (including responsibilities and reporting structure) for the project, how personnel will be assigned from task to task throughout the contractual period, and how the proposed project team will interface with both the offeror's corporate structure and the Government.

· Identify the policies and procedures in place for verifying education and experience to ensure that resumes submitted for key personnel are current, complete, and accurate and the safeguards in place to ensure that personnel assigned to non-key labor categories meet the requirements of those labor categories.

· Identify how management plans to handle surge requirements necessitating additional personnel as well as the replacement of personnel. .

· Describe the procedures to be taken to ensure quality control and cost control. Describe quality control processes and methods, which will ensure only high quality materials and workmanship is accepted and delivered to the Government on time.

· Demonstrate ability to ensure consistent quality and availability of professional staff.

· Describe the tools/methods to be used to identify poor performing subcontractors and/or in-house personnel.

· Describe how often work will be inspected and how interface with Government inspectors and planners will be accomplished.

· Describe the plan for early identification and resolution of problems.

· Address the risk associated with implementation of the offeror's Management Plan as well as the steps to mitigate this risk and an explanation of whether the techniques and methods identified for risk mitigation have been successfully used by the offeror.

(3) Section 3 – Personnel. This section is limited to 20 pages. Resumes are limited to two pages per resume. Offerors shall -

· Enumerate the personnel resources proposed. Describe minimum qualifications for each labor category included in the contract.

· Identify key personnel and describe their qualifications, availability, company affiliation, corporate experience, roles, responsibilities, and relationships to the contract and its implementation. Provide resumes of key personnel in writing.

· Provide a Manpower Utilization Matrix in labor category sequence by year for all personnel proposed for all labor categories in the format at Attachment 1. The Matrix does not count against the page limit. Subtotal the labor hours identified in the matrix for labor categories of both the prime and subcontractor. If an individual is proposed as a contingency hire, it must be so noted. A contingency hire is defined as an individual who has signed a commitment to work in the event that the contract is awarded to the Offeror. A new hire is defined as an unspecified person to fill a vacant position who is not identified as a current employee of the Offeror or as a contingency hire. Include all labor categories in the matrix and demonstrate an ability and present intention to provide personnel to commence work at the time of contract award.

· Provide a signed letter of intent if the Offeror does not currently employ the proposed person. The letter of intent does not count against the page limit.

· Provide the following certification: "I certify that each individual proposed as key personnel was contacted after the issue date of the solicitation and that each individual has confirmed that they are available for contract performance." If the offeror proposes more than the number of personnel required in an individual category, the offeror should identify the percentage of effort that each person will be committed to in performance of that position under the contract and a resume shall be provided for each person proposed.

· Ensure the following information, at a minimum, is included for each resume submitted: Education and relevant training; technical skills; professional certifications; positions held (dates); relevant work experience for the position; verifiable awards/accomplishments; security clearance level if applicable; and the percentage of time the proposed person will be dedicated to the contract.

(4) Section 4 – Partnering/Subcontracting Plan. This section is not limited in number of pages. The Government strongly encourages the use of Small, Small Disadvantaged and Women-Owned Small Businesses and Historically Black Colleges and Universities or minority institutions (HBCU/MIs). Each Offeror should submit as part of its proposal its written commitment to provide for meaningful work to Small, Small Disadvantaged and Women-Owned Small Businesses and HBCU/MIs in the performance of this contract. The commitment may be in the form of a joint venture, teaming arrangement or subcontract with one or more qualifying entities. The Offeror's commitment will be evaluated against the following criteria:

· The extent to which firms meet or exceed one or more of the following Department subcontracting goals.

· Small Business (SB) – 37.3%

· 8(a)/Small Disadvantaged (SDB) = 5%

· Women-owned (WO) – 5%

· Service disabled/veteran-owned (SDVO) – 3%

· Historically underutilized business zone (HUBZone) - 3%

· The extent to which such firms are specified in the proposal;

· The extent of commitment to use such firms;

· The complexity and variety of the work described in the PWS that the small firms are to perform;

· The realism of the proposal; and

· The extent of participation of such firms in terms of the value of the total acquisition.

The Offeror should describe the method and criteria to be used in selection of subcontractors. Describe policies and procedures for subcontractor management, including surveillance, quality control, scheduling, and performance.

Each Offeror, other than small business concerns, shall submit as part of its proposal a written subcontracting plan in accordance with the clause entitled "SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS SUBCONTRACTING PLAN" (FAR 52.219-9).

(b) VOLUME II – TECHNICAL – ORAL PRESENTATION

(1) The Offeror shall submit a preliminary version of their planned Oral Presentation materials as part of their written submission. Six printed color sets of the final presentation shall be provided to the Government when the Offeror begins the presentation. The Offeror shall also provide an electronic copy of the final presentation.

(2) At the start of the Oral Presentation, the Offeror shall introduce all key personnel denoting the applicable labor categories and indicating the individual’s corporate affiliation. The Offeror shall also provide a slide including the name and position title of key personnel.

(3) The Management Plan and Quality Control Plan should be highlighted (with emphasis on the most important factors and lessons learned from previous experience) in the Oral Presentation.

(4) Offerors’ shall address the following concepts in the Technical Proposal Oral Presentation.

· Organizational Structure – Describe the organization, staffing plans, and business model that would be implemented to provide the services required at improved levels of performance and justify the recommendation. Offerors shall provide descriptions of organizational roles and may indicate approximate numbers of personnel in various capacities such as accountants, analysts, etc.

· Technical Approach – Describe the approach that demonstrates the Offeror’s understanding of the technical requirements described in the PWS. Discuss the solutions to the sample tasks.

· Business Strategies – Various business and management plans are incorporated into this RFP. Based upon the content of the plans, Offerors shall describe, at a macro level, the standards, policies, procedures, methods, etc. that are needed to ensure that performance will meet the Government’s requirements. Offerors shall present this macro information with justification and reference to materials that already exist and could be implemented. Offerors shall also describe, in detail, what processes they plan to implement for project management and accounting, cost estimating, and cost control.

· Contract Stability –

· Offerors shall present plans to minimize turnover and shall emphasize differences as well as proposed adjustments for those differences between the prime Contractor and the subcontractor plans.

· Offerors shall demonstrate contract stability achievements and lessons learned in no more than three (3) previous cases in which Offerors have been awarded a contract involving work comparable to the type specified in this RFP.

· Work place policies that affect staff stability such as work schedules, job sharing, telecommuting, full/part time status, etc.

(5) There is no limit on the number of slides that an Offeror may use for its Oral Presentation. The electronic slides used by the Offeror during the Oral Presentation shall be identical in every way to the paper copies of the slides that are delivered in hard copy.

(6) Highlights of past performance shall be included in the Oral Presentation.

(7) The Offeror shall make its Oral Presentation in accordance with the instructions contained in this solicitation and any additional instructions that the Contracting Officer may provide.

(c) VOLUME III – PAST PERFORMANCE

(1) The Offeror shall provide a Past Performance Reference Matrix at Attachment 2 illustrating no more than 10, but not less than 3 projects completed within the last 4 years which are of similar scope, magnitude and complexity to that which is detailed in the RFP. If the Offeror does not possess similar, relevant or directly related past performance it shall be so stated. The Offeror shall provide a detailed explanation demonstrating the relevance of the contracts to the requirements of the RFP.

(2) The Government will gather information on past performance or use the services of a private Contractor to acquire data. The types of questions to be used in collecting past performance information are illustrated in the Past Performance Questionnaire at Attachment 3. The Government may also consider information obtained by following up on questionnaire responses using the information provided, reports from the points of contact contacted, or through other sources.

(3) Each offeror shall select three projects from those identified in the Past Performance Reference Matrix (Attachment 2), and provide the Past Performance Questionnaire to the Government or commercial entity POC for completion. The POC should return the completed questionnaire directly to the Department of Education through e-mail to Jake von Reyn at jake.vonreyn@ed.gov. The offeror is responsible to ensure the forms are sent directly to the Department of Education Contracting Office and received no later than the proposal due date.

(4) The Offeror shall complete the Performance Risk Assessment Questionnaire at Attachment 4 for each of the three selected projects and submit with the proposal.

(5) Each Offeror, other than Small Business concerns, shall include as part of its past performance a narrative of its compliance with requirements of FAR 52.219-8, "Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns", FAR 52.219-9, "Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan," and predecessor provisions.

(d) VOLUME IV –PRICE PROPOSAL

(1) The Offeror's price proposal, based on the PWS described in Section C of the solicitation, shall be in Volume IV and be completely separate from the technical proposal (Volume I). The offeror's price proposal shall support the offeror's technical proposal. If the price proposal does not support the technical proposal, the offeror's overall proposal rating may be downgraded.

(2) The Offeror’s proposal shall represent the Offeror’s best effort in response to the solicitation as award may be made without discussions.

(3) Supporting data including organization, fiscal period, contracts, direct rates, productive hours, escalation, contingencies, audits, burdened rates, material lists and costs, travel charges, and "other direct costs" used in developing the price breakdown shall be furnished and properly referenced with this data.

(4) Inconsistencies, whether real or apparent, between promised performance and cost or price, should be explained in the proposals. For example, if the intended use of a new and innovative technique is the basis for an abnormally low estimate, the nature of these techniques and their effect on cost or price should be explained. Any significant inconsistency, if unexplained, may raise a fundamental issue as to the Offerors’ understanding of the nature and scope of work required and of its financial ability to perform the contract. The burden of proof as to cost credibility rests with the Offerors.

(5) The Offeror’s price proposal shall include the breakdown of direct labor cost estimates, including the number of hours and applicable actual hourly rates. The price proposal shall represent the Offerors’ best estimates and experience with the requirements described in the PWS. All tables in Section B shall be completed and submitted in the Price Proposal. Prices shall be rounded to the nearest dollar. Each proposed subcontractor shall submit comparable data in the number of copies specified in L-16.

(6) An Independent Government Cost Estimate may be used for determining price reasonableness, etc. The Offerors’ estimated price (Section B, Tables) should include all items to be delivered. Using the structure in Section B, the Offerors shall delineate each and every item to be provided under this solicitation. If an item is proposed at no additional charge (e.g., the price is included in another item), “NSP” (Not Separately Priced) shall be inserted.

(7) Offerors shall include in the proposal any inflation rates applicable to wages or other costs anticipated in the option years. All option year prices shall reflect the effect of any anticipated inflation. However, in accordance with FAR 52.222-43, escalation rates of employees covered by the Service Contract shall not be reflected in the price proposal.

(8) All subcontracts set forth in the technical proposal shall be priced in the price proposal. Subcontracts regardless of dollar value shall be adequately documented to facilitate a determination of cost reasonableness/realism.

(9) Attachment 1 must be consistent and demonstrate a clear understanding as to how both prime and subcontractor hours and rates were derived. Inconsistencies in the proposal between prime and subcontractor hours and rates will be considered a high performance risk to the Government.

(10) Offerors shall identify the amount of fee and general and administrative expense (G&A) that will be applied to other direct cost elements.

(11) The Offerors shall complete and have an authorized company representative sign the Representation, Certifications and Other Statements of Offerors as provided in Section K of the RFP. Also, include SF33, Solicitation, Offer and Award; and Section B, Supplies or Services and Price/Costs.

(12) Offerors shall provide a matrix of overhead and profit for the following ranges of projects. These ranges will be used in sole source negotiations if required during the performance of the contract.

$0K - $100K

$101K - $500K

$501K - $1M

$1M - $2MK

L-19 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 Performance Work Statement (PWS))

(b) Representations and other instructions

(c) Contract clauses (Section I)

(d) Any incorporated documents, exhibits, or attachments, excluding the PWS or specifications

(e) PWS or specifications.

END OF SECTION L

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