FormSF33.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

RATING

PAGE OF

PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

ED-ESE-12-R-0016

SEALED BID (IFB)

NEGOTIATED (RFP)

EDOESE-12-000017

EDOESE-12-000017

7. ISSUED BY CODE CPOB 8. ADDRESS OFFER TO (If other than Item 7)

US Department of Education Contracts & Acq Mgt/Group B, 550 12th St SW - 7th Floor Washington DC 20202-4240

US Department of Education Contracts & Acq Mgt/Group B, 550 12th St SW - 7th Floor Washington DC USA

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 7 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until 1:00

PM ET

local time JUL 16, (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawls: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION CALL

A. NAME

Alice Mihill

B. TELEPHONE (NO COLLECT CALLS)

(202) 245-6207

C. E-MAIL ADDRESS

Alice.Mihill@ed.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGES(S) (X) SEC. DESCRIPTION PAGE(S)

PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 - 1 I CONTRACT CLAUSES -

B SUPPLIES OR SERVICES AND PRICES/COSTS - PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT - J LIST OF ATTACHMENTS -

D PACKAGING AND MARKING - PART IV - PRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE - K REPRESENTATIONS, CERTIFICATIONS AND OTHER -

F DELIVERIES OR PERFORMANCE - STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA - L INSTRS., CONDS., AND NOTICES TO OFFERORS -

H SPECIAL CONTRACT REQUIREMENTS - M EVALUATION FACTORS FOR AWARD -

OFFER

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all itmes upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS OF

OFFEROR

DUNS: (Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

See Schedule

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C 23004(c) ( ) 41 U.S.C 253(c) ( ) 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER(Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official writen notice. (Must be fully completed by offeror)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 2 OF 58 ED-ESE-12-R-0016

0001 Base Year - Providing Equitable Title I Services to Eligible Children Attending Private Schools in 54 Bypassed Local Educational Agencies (LEAs) in Missouri

CAM tracking number esecp120002

0.00 SE

0002 Option Year I - Providing Equitable Title I Services to Eligible Children Attending Private Schools in 54 Bypassed Local Educational Agencies (LEAs) in

0003 Option Year II - Providing Equitable Title I Services

0004 Option Year III - Providing Equitable Title I Services

0005 Option Year IV - Providing Equitable Title I Services

PAGE 3 OF 58 ED-ESE-12-R-0016

Request for Proposal No. ED-ESE-12-R-0016

U.S. Department of Education

Providing Equitable Title I Services to Eligible Children Attending Private Schools in 54 Bypassed Local Educational Agencies (LEAs) in Missouri

This Request for Proposal (RFP) is being issued in accordance with Federal Acquisition Regulations

(FAR) Subpart 15 – Contracting by Negotiation; NAICS code: 611710 entitled ―Educational Support

Services‖. The U.S. Department of Education intends to award a cost-reimbursement type contract.

BACKGROUND

Title I, Part A, of the Elementary and Secondary Education Act, as amended (ESEA), provides Federal financial assistance to LEAs to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and State academic assessments. Accordingly, Section 1120 of the ESEA requires each participating LEA to provide Title I services to eligible private school children, their teachers, and their families. These services must be equitable to those provided by each LEA to public school children, their teachers, and their families. If an LEA is prohibited by law from providing equitable services to private school children in accordance with Section 1120 of the ESEA or if the U.S.

Secretary of Education determines that an LEA has substantially failed or is unwilling to provide such services to private school children, that LEA is ―bypassed.‖ In such an instance, the Secretary makes arrangements to provide these services to eligible private school children, their teachers, as applicable, and their families through a contract with a third party provider. Currently, the Secretary has bypassed

54 LEAs in the State of Missouri.

The U.S. Department of Education‘s (Department) Student Achievement and School Accountability

Programs (SASA) within the Office of Elementary and Secondary Education (OESE) intends to award a contract to a third-party provider to provide equitable services under Title I to eligible children attending private schools, their teachers, and their families in the 54 bypassed LEAs in Missouri.

SASA requires the services of a contractor to provide equitable services under Title I to eligible children attending private schools, their teachers, and their families in the 54 bypassed LEAs in

Missouri. This will be done under a number of subtasks under the following five tasks and subtasks:

TASK 1: Communication with the Department

Subtask 1-1: Post Award Meeting

Subtask 1-2: Periodic Telephone Calls with COR

TASK 2: Develop Program Design Plan

Subtask 2-1: Timely and Meaningful Consultation

Subtask 2-2: Design Title I Instructional Programs

Subtask 2-3: Implement Title I Instructional Programs

Subtask 2-4: Evaluate Title I Programs

Subtask 2-5: Annual Data Collection

Subtask 2-6: Determining Equitable Services

Subtask 2-6.1: Generating Funds for Services

Subtask 2-6.2: Determining Student Eligibility

Subtask 2-6.3: Allocating Title I Funds Using School-By-School and Pooling Options

PAGE 4 OF 58 ED-ESE-12-R-0016

Subtask 2-6.4: Delivering Title I Services

Subtask 2-7: Professional Development for Private School Teachers of Title I Participants

Subtask 2-7.1: Implement Professional Development Activities

Subtask 2-7.2: Evaluate Professional Development Activities

Subtask 2-8: Equitable Participation for Parents of Title I Participants

Subtask 2-8.1: Implement Parent Involvement Activities

Subtask 2-8.2: Evaluate Parent Involvement Activities

Subtask 2-9: Standards, Testing and Assessment, Annual Progress, and Program Modifications

Subtask 2-9.1: Develop Annual Assessment Plan

Subtask 2-9.2: Establishing Standards

Subtask 2-9.3: Testing and Assessment

Subtask 2-9.4: Measuring Annual Progress

Subtask 2-9.5: Making Program Revisions (in accordance with Title I Guidance)

Subtask 2-10: Title I Teachers and Supervisors Employed by the Contractor

Subtask 2-11: Student Records

Subtask 2-12: Instructional Materials

Subtask 2-13: Communication Between Contractor and Private School Personnel

Subtask 2-13.1: Develop Strategies for Communication and Coordination Between the Title I

Teachers and the Regular Private School Classroom Teachers

Subtask 2-14: Instructions to Staff Employed by Contractor

Subtask 2-15: Instructional Facilities and Transportation

Subtask 2-16: Program Monitoring

Subtask 2-16.1: Develop Monitoring Instrument

Subtask 2-16.2: Monitor Title I Programs

Subtask 2-17: Complaint Procedures

TASK 3: Annual Audit

TASK 4: Annual Reporting Requirements

Subtask 4-1: Annual Evaluation of Services Report

Subtask 4-2: Program Data Report

Subtask 4-3: Annual Report of the Program Design Plan and Other Required Information

Subtask 4-4: Final Expenditure Reports

Subtask 4-5: Annual Statistical Report

TASK 5: Monthly Reports

Subtask 5-1: Monthly Progress Report

Subtask 5-2: Monthly Report on Management Plan

Subtask 5-3: Monthly Expenditure Report

Subtask 5-4: Monthly Voucher

The contractor shall provide the services described in the Performance-Based Work Statement (PWS).

The contractor shall provide for the preparation of all materials required under the subtasks within the contract. Subtasks and requirements shall be completed by the date specified within the schedule of deliverables.

The purpose of the contract is for the Department to contract with a third-party provider to provide equitable services under Title I to eligible children attending private schools, their teachers, and their families in the 54 bypassed LEAS in Missouri. The total duration of this contract will be one 12-month base year and four possible 12-month option years. The incumbent contractor for this procurement is

NonPublic Educational Services, Inc. (ED-07-CO-0074).

PAGE 5 OF 58 ED-ESE-12-R-0016

The Department intends to make an award to one firm.

Questions concerning this RFP should be sent by e-mail to Alice Mihill, Contract Specialist, (Alice.Mihill@ed.gov) with a Cc: to Gabriella McDonald, Contracting Officer, (Gabriella.McDonald@ed.gov).

PART I – THE SCHEDULE

A. SOLICITATION / CONTRACT FORM

The negotiated award will be documented on a STANDARD FORM 33.

B. SUPPLIES OR SERVICES AND PRICE/COSTS

B. 1 301-3 ESTIMATED COST AND FIXED FEE (APRIL 1984)

The estimated cost of this contract is (to be completed by the Government at time of award). The fixed fee (if any) is (to be completed by the Government at time of award). The total estimated cost and fixed fee is (to be completed by the Government at time of award).

B. 2 301-22a CONTRACT DEFINITION (APRIL 1997)

(a) This is a cost-plus-fixed-fee type contract, as defined under Subpart 16.6 of the Federal Acquisition

Regulation.

C. DESCRIPTION /PERFORMANCE WORK STATEMENT

C. 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 PWS outlined in Attachment A. This shall also be done in accordance with the specified General and Special Provisions and the contractor's final technical proposal, which are hereby incorporated by reference as a part of the contract.

The contractor shall furnish all personnel, materials, services, and facilities necessary to perform the requirements set forth in the PWS (Attachment A), Quality Assurance Plan (Attachment B) and the contractor's final technical proposal.

D. PACKAGING AND MARKING

D. 1 303-1 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: (to be filled in at time of award)

(c) Mark deliverables for: (to be filled in at time of award)

PAGE 6 OF 58 ED-ESE-12-R-0016

E. INSPECTION AND ACCEPTANCE

E.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.

E.2 52.246-4 INSPECTION OF SERVICES—FIXED PRICE (AUG 1996)

(Reference 52.246-4)

E.3 52.246-5 INSPECTION OF SERVICES—COST REIMBURSEMENT (APR 1984)

(Reference 52.246-5)

F. DELIVERIES OR PERFORMANCE

F. 1 305-5 PERIOD OF PERFORMANCE (MARCH 1986)

Performance hereunder shall be completed within 12 months of the date of contract award, inclusive of all specified deliveries and/or task work.

F. 2 305-6 DELIVERABLES (MARCH 1986)

All deliverables shall be submitted in accordance with the kinds, quantities and dates indicated in the attached PWS.

F. 3 52.242-15 I STOP WORK ORDER (AUG 1989) – ALTERNATE I (APR 1984)

(Reference 52.242-15 I)

G. CONTRACT ADMINISTRATION DATA

G.1 306-1 INVOICE AND CONTRACT FINANCING REQUEST SUBMISSION (JAN 2007)

(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 invoices electronically as an attachment to a message to

OCFOCAMINVOICING@ED.GOV. The subject area of the message shall contain the invoice number, contract number, and contract specialist‘s name. The electronic copy of the invoice shall be in a format that is supported by Microsoft Office (Microsoft Word or Excel), or Adobe Acrobat (.pdf).

(C) The Contractor shall prepare invoices and contract financing requests in accordance with the attached billing instructions. (To be completed by the Government at time of award.)

PAGE 7 OF 58 ED-ESE-12-R-0016

G.2 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: (This information will be completed by the

Government at the time of award.)

Name:

Title:

Address:

City, State and Zip Code:

Telephone:

Fax:

Email Address:

(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.

G.3 CONTRACT ADMINISTRATOR (ED 306-8) (FEB 1985)

(This information will be completed by the Government at the time of award.)

The contractor shall designate one individual to be contacted during the period of the contract for prompt contract administration.

Name:

Title:

Address:

City, State and Zip Code:

Telephone:

Fax:

Email Address:

G.4 306-9 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

PAGE 8 OF 58 ED-ESE-12-R-0016

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 rates, as explained in paragraph (e).

(b) The provisional overhead rate(s) applicable to this contract: This information will be completed by the Government at the time of award.)

G.5 306-13 GOVERNMENT-FURNISHED PROPERTY (MARCH 1985)

The Government will provide the following items (see the List of Government Property) of

Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with other incorporated property-related clauses.

G.6 306-2 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.

G.7 306-6 GOVERNMENT PROPERTY ADMINISTRATOR (DECEMBER 1986)

The contracting officer shall serve as the contract property administrator. This responsibility will include arrangement of disposition on contract termination or expiration under FAR Part 45. The contractor shall furnish all required information on property to this officer.

G.8 307-13 DEPARTMENT SECURITY REQUIREMENTS (JUNE 2006)

The Contractor and its subcontractors shall comply with Department Security policy requirements as 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 Handbook for Information Assurance Security Policy, OCIO-01 (March 2006); and D. The U.S. Department of Education Departmental Directive OM:5-101, "Contractor Employee Personnel Security Screenings." The Contractor may request copies of the above referenced documents by contacting the Contract Specialist via phone at 202-245-6207 or via e-mail at alice.mihill@ed.gov . Contractor employee positions required under this contract and their designated risk levels: Moderate Risk (MR): any individual who performs duties in a location where children are present or who will have access to unclassified sensitive information, such as Privacy Act-protected, personally identifiable, proprietary or other sensitive information and data information must have a security clearance.

PAGE 9 OF 58 ED-ESE-12-R-0016

All contractor employees must undergo personnel security screening if they will be employed for thirty

(30) days or more, in accordance with Departmental Directive OM:5-101, "Contractor Employee

Personnel Screenings." The type of screening and the timing of the screening will depend upon the nature of the contractor position, the type of data to be accessed, and the type of information technology (IT) system access required. Personnel security screenings will be commensurate with the risk and magnitude of harm the individual could cause. The contractor shall:

- Ensure that all non-U.S. citizen contractor employees are lawful permanent residents of the United

States or have appropriate work authorization documents as required by the Department of Homeland

Security, Bureau of Immigration and Appeals, to work in the United States.

- Ensure that no employees are assigned to High Risk designated positions prior to a completed preliminary screening.

- Submit all required personnel security forms to the Contracting Officer's Representative (COR) within 24 hours of an assignment to a Department contract and ensure that the forms are complete.

- Ensure that no contractor employee is placed in a higher risk position than that for which he or she was previously approved, without the approval of the Contracting Officer or his or her representative, the Department Personnel Security Officer, and the Computer

Security Officer.

- Ensure that all contractor employees occupying High Risk designated positions submit forms for reinvestigation every five (5) years for the duration of the contract or if there is a break in service to a

Department contract of 365 days or more.

- Report to the COR all instances of individuals seeking to obtain unauthorized access to any departmental IT system, or sensitive but unclassified and/or Privacy Act protected information. -

Report to the COR any information that raises an issue as to whether a contractor employee's eligibility for continued employment or access to Department IT systems, or sensitive but unclassified and/or

Privacy Act protected information, promotes the efficiency of the service or violates the public trust.

- Withdraw from consideration under the contract any employee receiving an unfavorable adjudication determination.

- Officially notify each contractor employee if he or she will no longer work on a Department contract.

- Abide by the requirements in Departmental Directive OM:5-101, "Contractor Employee Personnel

Screenings." Further information including definitions of terms used in this clause and a list of required investigative forms for each risk designation are contained in Departmental Directive OM:5-101, "Contractor Employee Personnel Screenings." Failure to comply with the contractor personnel security requirements may result in a termination of the contract for default.

H. SPECIAL CONTRACT REQUIREMENTS

H.1 3452.209–71 Conflict of Interest (MAY 2011)

(a)(1) The contractor, subcontractor, employee, or consultant, has certified 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

PAGE 10 OF 58 ED-ESE-12-R-0016

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:

(i) Unequal access to information—A potential contractor, subcontractor, employee, or consultant has access to nonpublic information through its performance on a government contract.

(ii) 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.

(iii) 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;

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

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

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

(3) 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 (or apparent conflict of interest), 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.

(b) 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, after consultation with the contracting officer, to avoid, mitigate, or neutralize the actual or potential conflict (or apparent conflict of interest).

PAGE 11 OF 58 ED-ESE-12-R-0016

(c) 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 (or apparent conflict of interest) 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 $5,000 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.

(d) 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.

(e) 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). (End of Clause)

H.2 307-19 REDACTED PROPOSALS (DECEMBER 1998)

The contractor shall provide a redacted copy of its successful technical proposal to the Contracting

Officer within five (5) calendar 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.

H.3 301-20 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH

DISABILITIES (FEB 1995)

The contractor shall comply with all applicable requirements of the Americans with Disabilities Act of

1990 including Section 302, which provides that:

―No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.‖

Failure to comply with the Americans with Disabilities Act of 1990, as amended, shall be considered a failure to comply with the terms of this contract.

H.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.

PAGE 12 OF 58 ED-ESE-12-R-0016

H.5 307-5 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.

H.6 306-17 THE SMALL BUSINESS SUBCONTRACTING PROGRAM (APRIL 2005)

The subcontracting plan submitted and approved by the Contracting Officer for this requirement is incorporated as Attachment D (to be filled in at time of award).

H.7 307-12 CONSENT TO SUBCONTRACT (AUGUST 1998)

Consent is hereby given to the contractor to subcontract with (to be completed at time of award) in the amount stated in its final proposal revision.

H.8 DEFINITION AND USE OF INSTRUCTIONAL, ADMINISTRATIVE,

PARAPROFESSIONAL, AND PARENT INVOLVEMENT COSTS

I. INSTRUCTIONAL COSTS

For the purposes of this contract, instructional costs are defined as: teacher and instructional aide salaries, including fringe benefits, and instructional materials, including such items as books, computers and software for student use, workbooks, and supplies.

The funds that are generated annually by private school children from low-income families who reside in Title I participating public school attendance areas in each LEA are the amount of funds that the contractor shall use to provide instructional services in each LEA. The contractor shall not use one LEA‘s instructional funds to provide Title I services in another LEA.

The contractor shall maintain a record by LEA of the funds generated and costs charged to the generated funds.

Teachers shall not carry out the Collection of Data task listed in the Performance Work Statement, Task 3, Subtask A.

If the amount of funds available in an LEA is not adequate to provide a quality program, the contractor shall discuss various service options with the COR and receive approval from the COR before proceeding.

It is recommended that the contractor limit the class size to no more than five children, as recommended by research. If larger classes are needed, the contractor should consult with the

COR.

II. ADMINISTRATIVE COSTS

For the purpose of this contract, administrative costs are defined as costs the contractor incurs to

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administer the program, including but not limited to salaries and fringe benefits of the Project

Director, assistants, as needed, area supervisors, and support staff, office rent and utilities, office equipment and supplies, postage and mailings, telephone, travel, special capital expenses, escort time, and professional development for Title I teachers and supervisors who are employees of the contractor.

As the amount of funds available for instruction shall vary year to year for reasons beyond the contractor‘s control, the amount of funds available to the contractor for administrative costs shall be a fixed rate of the instructional funds available by LEA for each year. For this contract, the administrative cost percentage shall be fixed at a rate of (to be completed at award) for the total instructional costs that fall within a cost range of $900,000 to $1,300,000. For the total instructional cost amounts that fall outside of the stated cost range, the administrative cost rate shall be negotiated.

For the purpose of this contract, special capital expenses are defined in Section 200.77(f) of the

Title I regulations as:

(1) The purchase and lease of real and personal property (including mobile educational units and neutral sites);

(2) Insurance and maintenance costs;

(3) Transportation; and

(4) Other comparable goods and services, including non-instructional computer technicians.

Instructional funds as defined in Section I shall not be used to pay administrative costs.

Administrative costs must be charged to each LEA, the contractor shall prorate its administrative costs across each LEA for the base and each exercised option year.

III. PROFESSIONAL DEVELOPMENT COSTS

For the purpose of this contract, professional development costs are those incurred by the contractor to provide professional development activities to private school teachers of participants. In order to determine the amount of funds available by LEA, the contractor shall calculate the amount in accordance with the form attached to the Performance Work Statement.

professional development funds.

IV. PARENT INVOLVEMENT COSTS

For the purpose of this contract, parent involvement costs are those incurred by the contractor to provide parent involvement activities to parents of private school participants. In order to determine the amount of funds available by LEA, the contractor shall calculate the amount in accordance with the form attached to the Performance Work Statement.

parental involvement funds.

PAGE 14 OF 58 ED-ESE-12-R-0016

H.9 EQUAL SALARIES AND BENEFITS FOR TEACHERS

For the purposes of this contract, all teacher salaries and fringe benefits are considered to be instructional costs and shall be paid from the funds generated by the number of private school children from low income families residing in participating public school attendance areas in each LEA. Thus, all teacher salaries and fringe benefits shall be included in the Instructional Costs.

Teachers shall be paid based on the LEA‘s salary schedule as of October 1 of each school year in the particular LEA where services are being provided. No adjustments shall be made based on changes in teacher salaries after October 31 of each school year.

Task 3, of the Performance Work Statement requires that the contractor ―shall compensate teachers, including salaries and benefits, at a rate that shall be equal to and never greater than the prevailing teacher schedule for public school teachers with similar qualifications and experience in the LEA in which the program is located.‖

H.10 RESTRICTION ON CARRY-OVER OF FUNDS TO AN OPTION YEAR

Contract funds remaining after the end of the base year and any exercised option year shall not be used in the next year of the contract.

At the end of each period of performance for the base year and any exercised option year (July 31 of each year), the Department shall issue a unilateral modification to zero balance the contract based on the amount remaining in the contract year for that performance period based on the Final Expenditure

Report submitted by the contractor for each performance period on November 15 of the base year and any exercised option years.

If the indirect cost rates increase for any contract year, the increase may be paid with funds from the current contract year.

H.11 RETENTION OF STUDENT RECORDS

All student records under this contract shall be retained:

1. For three years after completion of the activity for which funds were used;

2. Until all pending audits or reviews concerning the Title I project have been completed; and

3. Until all findings and recommendations arising out of audits or reviews concerning the Title I project have been resolved.

H.12 DESIGNATED STUDENT RECORDS

Prior to the expiration date of this contract, appropriate records, as deemed by ED, shall be delivered to the Contracting Officer‘s Representative (COR) or the COR‘s designee, in accordance with the

Transition Plan. ED will inform the contractor of which records are deemed appropriate thirty (30) days prior to the expiration of the contract.

PAGE 15 OF 58 ED-ESE-12-R-0016

I. CONTRACT CLAUSES

I.1 3452.242-72 WITHHOLDING OF CONTRACT PAYMENTS (AUG 1987)

(Reference 3452.242-72)

I.2 3452.243-70 KEY PERSONNEL (MAY 2011)

(Reference 3452.243-70)

I.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

The addresses referred to in clause 52.252-2 for electronic access to the full text of clauses are:

http://www.acquisition.gov/far/index.html for FAR clauses and http://www.ed.gov/policy/fund/reg/clibrary/edar.html for EDAR clauses.

I.4 52.202-1 DEFINITIONS (JAN 2012)

(Reference 52.202-1)

I.5 3452.202-1 DEFINITIONS—DEPARTMENT OF EDUCATION (MAY 2011)

(Reference 3452.202-1)

I.6 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

I.7 52.203-5 COVENTANT AGAINST CONTINGENT FEES (APR 1984)

(Reference 52.203-5)

I.8 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

(Reference 52.203-6)

I.9 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

(Reference 52.203-7)

I.10 52.203-8 CANCELLATION, RECISION, AND RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY (JAN 1997)

(Reference 52.203-8)

I.11 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(JAN 1997)

(Reference 52.203-10)

I.12 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

(Reference 52.203-12)

I.13 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

(Reference 52.203-13)

PAGE 16 OF 58 ED-ESE-12-R-0016

I.14 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(a) Definition.

―United States,‖ as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites—

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Obtain from:

http://www.ed.gov/about/offices/list/oig/hotlineposters.html

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph

(d), in all subcontracts that exceed $5,000,000, except when the subcontract—

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

I.15 52.203-16 PREVENTING PERSONAL CONFLICT OF INTEREST (DEC 2011)

(Reference 52.203-16)

I.16 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

(Reference 52.204-4)

I.17 52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)

(Reference 52.204-7)

I.18 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (FEB 2012)

(Reference 52.204-10)

PAGE 17 OF 58 ED-ESE-12-R-0016

I.19 3452.208-71 PRINTING (MAY 2011)

(Reference 3452.208-72)

I.20 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRATING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT (DEC 2010)

(Reference 52.209-6)

I.21 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FED 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity

Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at https://www.acquisitions.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the

Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the

Government official who posted it in accordance with paragraph ©(1) of this clause.

© The Contractor will receive notification when the Government posts new information to the

Contractor‘s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cited 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after

April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under

Freedom of Information Act procedures, including where appropriate, procedures promulgated under

E.O. 12600.

(End of Clause)

PAGE 18 OF 58 ED-ESE-12-R-0016

I.22 52.210-1 MARKET RESEARCH (APR 2011)

(Reference 52.210-1)

I.23 52.215-2 AUDIT AND RECORDS—NEGOTATION (OCT 2010)

(Reference 52.215-2)

I.24 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)

(Reference 52.215-8)

I.25 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

(Reference 52.215-23)

I.26 52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2011)

(Reference 52.216-7)

I.27 52.216-8 FIXED FEE (JUN 2011)

(Reference 52.216-8)

I.28 3452.216-70 ADDITIONAL COST PRINCIPLES (MAY 2011)

(Reference 3452.216-70)

I.29 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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 90 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.

© The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(d) The option years for the contract are as follows:

Option Year I shall be from Month 13 through Month 24

Option Year II shall be from Month 25 through Month 36

Option Year III shall be from Month 37 through Month 48

Option Year IV shall be from Month 49 through Month 60

I.30 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERS (JAN 2011)

(Reference 52.219-8)

I.31 52.219-9 II SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)—ALTERNATE

II (OCT 2001)

(Reference 52.219-9 II)

I.32 52.219-16 LIQUIDATED DAMAGED—SUBCONTRACTING PLAN (JAN 1999)

(Reference 52.219-16)

PAGE 19 OF 58 ED-ESE-12-R-0016

I.33 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION

(APR 2012)

(Reference 52.219-28)

I.34 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

(Reference 52.222-1)

I.35 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium does not exceed ―zero‖ or the overtime premium is paid for work—

(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

(4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall—

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;

(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and

(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

I.36 52.222-3 CONVICT LABOR (JUN 2003)

(Reference 52.222-3)

I.37 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(Reference 52.222-21)

I.38 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(Reference 52.222-26)

I.39 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)

(Reference 52.222-35)

I.40 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

(OCT 2010)

PAGE 20 OF 58 ED-ESE-12-R-0016

(Reference 52.222-36)

I.41 52.222-37 EMPLOYMENT REPORTS VETERANS (SEP 2010)

(Reference 52.222-37)

I.42 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

(Reference 52.222-40)

I.43 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

(Reference 52.222-50)

I.44 52.222-54 EMPLOYMENT ELIGIBILITY VERTIFICATION (JAN 2009)

(Reference 52.222-54)

I.45 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

(Reference 52.223-6)

I.46 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

(Reference 52.223-18)

I.47 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

(Reference 52.224-1)

I.48 52.224-2 PRIVACY ACT (APR 1984)

(Reference 52.224-2)

I.49 3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF

INFORMATION ACT (MAY 2011)

(Reference 3452.224-70)

I.50 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(Reference 52.225-13)

I.51 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

(Reference 52.227-1)

I.52 52.227-14 RIGHTS IN DATA—GENERAL (DEC 2007)

(Reference 52.227-14)

I.53 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

Except for data contained on pages (To be completed at time of award), it is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the ―Rights in Data—General‖ clause contained in this contract) in and to the technical data contained in the proposal dated (To be completed at time of award), upon which this contract is based.

PAGE 21 OF 58 ED-ESE-12-R-0016

I.54 3452.227-70 PUBLICATION AND PUBLICITY (MAY 2011)

(Reference 3452.227-70)

I.55 3452.227-71 ADVERTISING OF AWARDS (MAY 2011)

(Reference 3452.227-71)

I.56 3452.227-72 USE AND NON-DISCLOSURE AGREEMENT (MAY 2011)

(a) Except as provided in paragraph (b) of this clause, proprietary data, technical data, or computer software delivered to the Government with restrictions on use, modification, reproduction, release, performance, display, or disclosure may not be provided to third parties unless the intended recipient completes and signs the use and non-disclosure agreement in paragraph (c) of this clause prior to release or disclosure of the data.

(1) The specific conditions under which an intended recipient will be authorized to use, modify, reproduce, release, perform, display, or disclose proprietary data or technical data subject to limited rights, or computer software subject to restricted rights must be stipulated in an attachment to the use and non-disclosure agreement.

(2) For an intended release, disclosure, or authorized use of proprietary data, technical data, or computer software subject to special license rights, modify paragraph ©(1)(iv) of this clause to enter the conditions, consistent with the license requirements, governing the recipient‘s obligations regarding use, modification, reproduction, release, performance, display, or disclosure of the data or software.

(b) The requirement for use and non-disclosure agreements does not apply to Government contractors that require access to a…