ADM Full RFP 14 Sep 11 v2.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDARR

RFQ IFB RFP

17a CONTRACTOR/

OFFEROR.

CODE

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 91 ED-FSA-11-R-0023

See Section B for a listing of the CLINs and associated prices.

PAGE 4 OF 91 ED-FSA-11-R-0023

ED-FSA-11-R-0023 Aid Data Mart

NOTICE TO OFFERORS

1. This request for Proposal (RFP) is being issued to establish a Fixed Priced, Performance Based Contract for a base period and four (4) option periods for a total of 60 months. This requirement is for North American Industry Classification System (NAICS) 518210 (Data Processing, Hosting, and Related Services) for the Department of Education, Federal Student Aid, 830 First Street, N.E., Washington, DC 20202.

2. This solicitation is 100% set-aside for Small Business 8(A), to be competed in accordance with FAR

19.805 Competitive 8(a).

3. Award will be made under NAICS code 518210 with a Small Business size standard of $25,000,000.00.

4. Central Contractor Registration (CCR): As stated in referenced FAR 52.212-1 Instruction to Offeror, paragraph (k) a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment if any contract resulting from this solicitation. Offerors may obtain information on registration and approval confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

5. Communications and Questions Communications and questions concerning this solicitation or requests for clarification shall be made in writing via E-mail to the Contract Specialist and Contracting Officer listed below:

Contract Specialist: Jonathan Santangelo Email: jonathan.santangelo@ed.gov

Contracting Officer: Wayne Fleming Email: wayne.fleming@ed.gov

6. The Contracting Officer shall be notified of any problems or ambiguities in interpreting the specifications, terms or conditions, instructions or evaluation criteria of this solicitation.

a. When submitting questions and comments please refer to the specific text of the RFP in the format provided in Template below.

b. All questions will be answered and provided to all Offerors through email to identified points of contact and there will be no attribution concerning the questions and the submitting Offerors.

c. The due date for communications and questions concerning the RFP is: September 27, 2011 by 2:00 pm EDT.

d. All questions shall be submitted electronically to the Contract Specialist/Contracting Officer identified in 5 above.

e. Questions received after 2:00 pm EDT , September 27, 2011 will not be answered unless the Government determines the answer to the question imparts information material to Offerors’ ability to respond to the solicitation. Government responses to questions will be issued by an amendment to this solicitation and made available to all Offerors.

Questions shall be prepared in the following format:

Subject: Questions regarding ADM RFP

PAGE 5 OF 91 ED-FSA-11-R-0023

Offeror Question Template

Offeror’s Question

RFP paragraph and page # that relates to Offeror’s question:

Offeror’s recommended answer or solution

(if any)

1.

2.

3.

9. Proposals shall be sent to:

830 First Street, N.E., Attn: Wayne Fleming (94C4)

ED-FSA-11-R-0023

Washington, D.C. 20202 wayne.fleming@ed.gov

Note: If packages are sent by commercial carrier, the package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Blocks 5 & 8, page 1 of the SF 1449. At this time, only FedEx and UPS provide express delivery to the office listed above.

PAGE 6 OF 91 ED-FSA-11-R-0023

SECTION A: GENERAL

The Department of Education, Federal Student Aid intends to award a fixed priced contract in support of the Aid Data Mart student status data hosting and reporting requirements. The contractor is to provide operations and maintenance support of the current system, as configured and commercial off‐the shelf software products and perform design, configuration, testing, training, and production deployment to implement system enhancements as required.

END OF SECTION A

PAGE 7 OF 91 ED-FSA-11-R-0023

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

B.1 GENERAL DESCRIPTION

The contractor shall perform the effort required under this contract on a Fixed Price basis. The work shall be performed in accordance with all sections of this Contract.

B.2 SERVICES AND PRICES/COSTS

The following abbreviations are used in this price schedule:

CLIN ‐ Contract Line Item Number NTE ‐ Not To Exceed FFP –Firm Fixed Price

B.2.1 BASE PERIOD

Base Year: Date of Award – 12 Months CLIN# Description Monthly Price Annual Price

101 Business Service Operations $ $ 102 Operations & Maintenance $ $ 103 Customer Service $ $ 104 Project Management and

Quality Control Program

Total Operations and Maintenance ------------- Not to Exceed as Required ----------------- -----------------

105 System Enhancements $750,000.00 106 Travel $15,000.00

Total NTE --------------------------------- $765,000 Total Estimated $

B.2.2 OPTION PERIOD ONE

OptionYear-1: Date of Award – 24 Months CLIN# Description Monthly Price Annual Price

201 Business Service Operations $ $ 202 Operations & Maintenance $ $ 203 Customer Service $ $ 204 Project Management and Quality

Control Program

Total Operations and Maintenance ------------- Not to Exceed as Required ----------------- -----------------

205 System Enhancements $780,000.00 206 Travel $15,000.00

Total NTE --------------------------------------- $795,000

B.2.3 OPTION PERIOD TWO

OptionYear-2: Date of Award – 36 Months CLIN# Description Monthly Price Annual Price

301 Business Service Operations $ $ 302 Operations & Maintenance $ $ 303 Customer Service $ $ 304 Project Management and Quality $ $

PAGE 8 OF 91 ED-FSA-11-R-0023

Control Program Total Operations and Maintenance

------------- Not to Exceed as Required ----------------- ----------------- 305 System Enhancements $810,000.00 306 Travel $15,000.00

Total NTE --------------------------------------- $825,000

B.2.4 OPTION PERIOD THREE

OptionYear-3: Date of Award – 48 Months CLIN# Description Monthly Price Annual Price

401 Business Service Operations $ $ 402 Operations & Maintenance $ $ 403 Customer Service $ $ 404 Project Management and Quality

Control Program

Total Operations and Maintenance ------------- Not to Exceed as Required ----------------- -----------------

405 System Enhancements $845,000.00 406 Travel $16,000.00

Total NTE --------------------------------------- $861,000

B.2.5 OPTION PERIOD FOUR

OptionYear-4: Date of Award – 60 Months CLIN# Description Monthly Price Annual Price

501 Business Service Operations $ $ 502 Operations & Maintenance $ $ 503 Customer Service $ $ 504 Project Management and Quality

Control Program

Total Operations and Maintenance ------------- Not to Exceed as Required ----------------- -----------------

505 System Enhancements $880,000 506 Travel $16,000

Total NTE --------------------------------------- $896,000

B.2.6 TOTAL OF ALL YEARS

All Estimated Prices Year Price

Base $ Option Year 1 $ Option Year 2 $ Option Year 3 $

PAGE 9 OF 91 ED-FSA-11-R-0023

Option Year 4 $ Total $

B.3 CONTRACTOR LABOR RATEs The following Labor Rates are proposed in support of CLINs 105, 205, 305, 405, and 505 in accordance with the Enhancements Task Order Issuance Process as described at Section H.8.

# Title/ Category

Description Qualifications Base Year

Option 1 Option 2 Option 3 Option

1 $ $ $ $ $ 2 $ $ $ $ $ 3 $ $ $ $ $ 4 $ $ $ $ $ 5 $ $ $ $ $ 6 $ $ $ $ $ 7 $ $ $ $ $ 8 $ $ $ $ $ 9 $ $ $ $ $ N $ $ $ $ $

END OF SECTION B

PAGE 10 OF 91 ED-FSA-11-R-0023

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.0 AID DATA MART SYSTEM

The Contractor is expected to develop and propose a detailed Performance work Statement (PWS) to replace this section. The proposed PWS should comprehensively address all of the performance requirements and objectives of the attached Statement of Objectives (SOO) and other expressed conditions otherwise required within this RFP.

END OF SECTION C

PAGE 11 OF 91 ED-FSA-11-R-0023

SECTION D PACKAGING

AND MARKING

All deliverables shall be packaged and marked in accordance with commercial best practices to ensure safe arrival at destination. The contractor shall properly mark and protect stored data and reports as confidential information. All information submitted to the Contracting Officer or the COTR shall clearly indicate the contract number.

END OF SECTION D

PAGE 12 OF 91 ED-FSA-11-R-0023

SECTION E – INSPECTION AND ACCEPTANCEE

52.246-4 Inspection of Services Fixed Price. (AUG 1996)

E.1 The CO, supported by the COTR, will inspect, approve, and accept all final deliverables. Services shall conform to the requirements set forth in this contract and accepted by the CO.

E.2 Inspection and acceptance will take place at the FSA Headquarters, 830 First Street NE, Washington, DC 20202.

END OF SECTION E

PAGE 13 OF 91 ED-FSA-11-R-0023

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 Stop Work Order. (AUG 1989) 52.242-17 Government Delay of Work. (APR 1984)

F.1 Period of Performance The period of performance is one year with four (4) successive one year options. At the end of the base year, if exercised, the first option will begin. If all options are exercised, the period of performance will not exceed a total of five years. If exercised, the period of performance for each successive option will begin the day after expiration of the previous year and continue for one year. Exercise of any option requires a contract modification signed by the FSA Contracting Officer.

F.2 Place of Performance The core effort will be performed at the Contractor’s facility and or in places under the Contractor’s control and management. Only incidental effort will be performed in places or facilities under the Government’s direct control and management.

F.3 Deliverables and Schedule The contractor shall prepare deliverables in accordance with the prescriptions stated within the attached

SOO.

F.4 Place of Delivery The Contractor shall deliver all deliverables to the COTR at the FSA Headquarters in Washington, DC.

Union Plaza Center Department of Education 830 First Street, N.E., Attn: Eddie Lowe (61G3), ED-FSA-11-R-0023 Washington, D.C. 20202

END OF SECTION F

PAGE 14 OF 91 ED-FSA-11-R-0023

SECTION G – CONTRACT ADMINISTRATIVE DATA

Appointment of Contracting Officer’s Technical Representative (COTR)

a. The Contracting Officer shall appoint, in writing, a Contracting Officer’s Technical Representative (COTR) for this contract. COTRs do NOT have authority regarding changes to the terms and conditions of the Contract. The Contractor shall be provided a copy of the appointment letter for each official that is appointed at the time of Contract award. The COTR may not re‐delegate his or her authority.

b. Only the Contracting Officer has the authority to change the terms and conditions of this contract.

COTRs may not agree to or issue a change to the contract terms and conditions. In the event the Contractor effects changes to the contract at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without any authority and no adjustments will be made to the contract.

END OF SECTION G

PAGE 15 OF 91 ED-FSA-11-R-0023

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Type of Award 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Fixed Price contract with fixed labor rates resulting from this solicitation. (End of provision)

H.2 Compliance with Regulations In that incidental duties may be perform at FSA facilities, the Contractor shall comply with all statutes, regulations, directives, instructions, and references applicable to the conduct of this acquisition as imposed by the Federal Government, Department of Education, and FSA, including, without limitation, those specified or referred to in this contract. The Contractor and its employees shall become acquainted with and shall comply with the rules and regulations of the FSA’s facilities, including, but not limited to security, controlled access, personnel clearances, and conduct with respect to health and safety at the site, regardless of whether or not title to the facility is vested in the FSA.

H.3 Approval of Subcontracts The Government reserves the right to approve or disapprove any subcontract and any subcontractor selected. Therefore, the Contractor shall obtain the Contracting Officer’s approval of all subcontractors and provide copies of subcontracts for any work required by this contract.

H.4 Section 508 Requirements (March 2011) Section 508 Requirements (March 2011) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, and/or used under this contract/order must comply with the Electronic and Information Technology Accessibility Provisions set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in FAR 39.2.The complete text of Section 508 Final Provisions can be accessed at http://www.access‐board.gov/sec508/provisions.htm.

All EIT products must comply with the following standards. Descriptions of the standards are viewable at the link Section 508 Standards.

• 36 CFR 1194 Section 21‐Software applications and operating systems

• 36 CFR 1194 Section 22‐Web‐based Intranet and Internet Information and Applications

• 36 CFR 1194 Section 23‐Telecommunication Products

• 36 CFR 1194 Section 24‐Video and Multimedia Products

• 36 CFR 1194 Section 25‐Self contained, closed products

• 36 CFR 1194 Section 26‐Desktop and Portable Computers

• 36 CFR 1194 Section 31‐Functional Performance Criteria

• 36 CFR 1194 Section 41‐Information, documentation, and support

Offerors that fail to demonstrate compliance with the above standards, or provide equivalent salient characteristics, may be eliminated from further consideration for award.

Note: "The current FPDM Microstrategy website functionality is 508 compliant. The desktop client that contains some Microstrategy components that are not available in the web client is not currently 508 compliant but is mitigated through customer support provided by the vendor and approved by the Department of Education Assistive Technology Office."

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H.5 Security and Privacy Act Matters H.5.1 Security Policy: (See 3452.239–72 Department security requirements).

Department of Education and FSA security standards and policies apply to systems or applications, whether they are internally or externally hosted and whether they are internally developed or COTS / GOTS packages. In addition to the requirements set forth within the Federal Acquisition Regulation (FAR), the Contractor agrees to comply with the IT security and/or privacy guidance applicable to FSA.

Such guidance includes, but is not limited to: the Federal Information Security Management Act (FISMA) of 2002; Office of Management and Budget (OMB) Circular A‐130, Appendix III, Security of Federal Automated Information Systems, and the applicable Department of Education and FSA security‐related Regulations, and Operating Procedures (OP).

The Contractor will work with the Systems Operations and Aid Delivery Management Services

Group to support all other security activities required to maintain the security of the ADM application, including but not limited to assisting in the remediation of vulnerability scan findings and writing Corrective Action Plans, etc. The Contractor shall make the system available for audit and provide support to any FSA approved auditors and assessors.

Additionally, Contractor will ensure system security requirements are met as defined by Federal Student Aid and other government regulations. Contractor will update all security documentation as necessary for the ADM applications to comply with the Federal Information Processing Standard 199 for moderate applications. This will include the participation in, or completion and modification of the System Security Plan, the Configuration Management Plan, the Continuity of Support Plan, and other documents as requested by Federal Student Aid, such as the NIST Self-Assessment and the Critical Infrastructure Protection survey.

This guidance may be found in the following documents:

· NIST 800-53, current version, Recommended Security Controls for Federal Information Systems

· NIST SP 800-47, Security Guide for Interconnecting Information Technology Systems.

· NIST SP 800-34, Contingency Planning Guide for Information Technology Systems

· NIST SP 800-30, Risk Management Guide for Information Technology Security Risk Assessment Procedures for Information Technology Systems

· NIST SP 800-27A, Engineering Principles for Information Technology Security (A

· Baseline for Achieving Security) Revision A

· NIST SP 800-26, Security Self-Assessment Guide for Information Technology Systems

· FIPS 199, Standards for Security Categorization of Federal Information and Information Systems

· NIST SP 800-18 Rev 1, Guide for Developing Security Plans for Federal Information Systems

PAGE 17 OF 91 ED-FSA-11-R-0023

In addition to the above initiatives and directives, the Contractor shall also follow the Trusted Internet Connection (TIC) Initiative contained in OMB Memorandum M-08-05, in support of Homeland Security Presidential Directive (HSPD) 23. HSPD-23 and the Comprehensive National Security Initiative (CNCI) addressed the need to make the United States more secure against cyber threats and established a national strategy to protect the Nation’s Information Technology infrastructure. As a follow-up, OMB M-10-28 further defined the Department of Homeland Security’s (DHS’s) responsibility, in coordination with OMB, to certify and enforce agency implementation of network security operational standards and best practices, and to ensure that agencies comply with federal standards and policies.

The TIC initiative seeks to improve the federal government’s security posture and incident response capability by reducing and consolidating the number of external connections and by enhancing the monitoring and situational awareness those connections by TICAPs.

• All Internet access points that process or present Federal information or data must have their Internet connections pass through an Agency or Departmental Trusted Internet Connection (TIC) or subscribe to the MTIPS service provided by an authorized GSA NetWorx provider. There are no exceptions allowed for Internet facing applications.

• All Domain Name Services (DNS) provided to the public must use DNSSEC: Secure Domain Name System (DNS) Deployment Guide sp‐800‐81r1.pdf

FSA will, at its discretion, provide supplemental guidance to the Contractor to ensure that security requirements are commensurate with cost‐effective risk management as required by FISMA, or as defined in OMB documents and/or NIST Special Publications. FSA information systems designated as sensitive include any information system that contains information that is subject to the Privacy Act or other regulations, or information systems that if modified could adversely affect the performance of Federal programs. The system shall be formally authorized by FSA’s Security Authorization Official prior to implementation.

The Contractor agrees to include this provision in any subcontract awarded pursuant to this contract.

Failure to comply with these requirements will constitute cause for termination.

The Contractor shall properly protect all information used, gathered, or developed to carry out work under the Contract. The Contractor shall establish and implement appropriate administrative, technical, and physical safeguards to ensure the security and confidentiality of sensitive Government information, data, and/or equipment.

H.5.2 Security Classification

The security classification for work performed under this Contract is Confidential. The documents and information that will be reviewed and produced are confidential in nature and shall be protected from unauthorized disclosure. Work on this project requires that personnel may have access to Privacy Act information. Personnel shall adhere to the Privacy Act, 5 U.S.C. Section 552a and applicable agency rules and regulations.

H.6 Performance Outside of the Continental United States

The Contractor shall/has represented to the Department that it will perform all work required under this Contract within the United States. If, at any time, the Contractor wishes to perform any Contract work outside the United States, the Contractor shall inform the Contracting Officer, in advance and in writing, PAGE 18 OF 91 ED-FSA-11-R-0023 of its intention and request the Department’s approval. The Contractor shall not perform any Contract work outside the United States unless and until it has received the Contracting Officer’s explicit, written approval to perform such work.

H.7 Restrictions on Non-Privacy Act Data

a. Regarding data accessible by the Contractor under this contract that is not protected by the Privacy Act, the Contractor shall not use such data for any commercial purpose without the prior consent of the Government. This provision will not affect Contractor-owned data that is used in the performance of the contract.

b. This clause does not prohibit the Contractor from using fully releasable, aggregate-level data for the purposes of responding to information requests or request for proposals from other U.S. State or Federal Government agencies.

c. The Contractor agrees to obtain CO approval prior to using Federal Student Aid information for contractor marketing and/or sales purposes that indicates Government endorsement.

H.8 Task Order Issuance

a. Enhancements (CLINs 105, 205, 305, 405, and 505): Task Orders for Enhancements may be issued by e-mail, regular mail or facsimile. All task orders to initiate planned enhancements will be issued as bi-lateral supplemental agreements, with fully definitized technical effort, schedule and prices. The Government will formally request the Contractor submit technical and price proposals for each planned enhancement, to be negotiated and separately awarded prior to incurring any obligations on the part of the Government. It is expected that the labor categories and rates agreed to in accordance with the final Section B.3. Pricing Schedule agreement shall be used as the ceiling rates in support of all labor rates for Enhancement Price Proposals. Discounts to the B.3 rates are acceptable and anticipated. In addition to any other data that may be called for in the contract, the following information shall be specified in each order:

(1) Effective date of the order;

(2) Modification number;

(3) Contract number;

(4) Government points of contact information

(e.g., Government Task Leader; COTR and/or COR);

(5) Period of performance;

(6) The Statement of Objectives/Performance Work Statement/Statement of Work

(7) Place of performance;

(8) List of Government furnished material, if applicable; and

(9) Task Order pricing arrangement including accounting and appropriation data.

(10) Fixed Price Enhancement task orders shall include the total fixed price, schedule of deliverables and payment schedule to be paid in accordance with the invoicing terms of this contract.

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

b. Travel

PAGE 19 OF 91 ED-FSA-11-R-0023

The Government will approve all travel, in advance, and reimburse the cost of travel required in the performance of a given Task Order. Each Task Order shall specify whether travel costs are allowable and shall be billed in accordance with federal travel regulations against CLINs 106, 206, 306, 406, and 506. All such costs require supporting documentation to accompany all invoices. Local travel ( as defined by the Joint Travel Regulation)is not subject to reimbursement.

H.9 Logistics Considerations – FAR 7.105(b)(13) The Contractor shall supply adequate workspace to support the requirements of the contract. The Contractor-provided facilities and systems shall be designated to provide physical and information access security with security monitoring and access restriction at all times. Access to the Contractor-provided facilities shall be provided to designated ED and ED-authorized personnel at anytime during the normal business hours. Access to Contractor-provided systems, including remote access by Contractor employees and authorized ED employees shall be restricted to authorized personnel at all times.

ED employees, and/or their authorized representatives may visit any Contractor facility used to support its programs, without prior notice, for the purpose of conducting on-site reviews, information gathering, or program observation.

Maintenance and servicing to any equipment bought or leased by the Contractor for this contract is the sole responsibility of the Contractor. Maintenance and servicing to Government furnished property will be done at the expense of the Government

The contractor shall ensure that upon termination from the Contract and immediately upon such termination, cleared Contractor employees will be debriefed and sign a Security Debriefing Acknowledgement.

H.10. REQUIREMENTS FOR CONTROL OF GOVERNMENT IT Software Assets

(a) The Contractor shall obtain written authorization from the contracting officer before acquiring any contractually necessary IT Software Assets 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

(1) A brief statement of function;

(2) Manufacturer and manufacturer's brand name, model or part number; and

(3) Contractor and its proposed price;

(b) Federal Student Aid Government IT Software Assets Administration - The contractor will use a Voluntary Consensus Standard or Industry Leading Practices to manage the IT Software Assets. The contractor shall adhere to all requirements spelled out in the Federal Acquisition Regulation (FAR), Part 45 “Government Property” and the FAR 52.245-1 Government Property (JUNE 2007), including proper management, control, and safekeeping of Government Property and IT Software Assets. They shall also exercise proper record keeping including retention of all documents pertaining to the acquisition of IT Software Assets and pertaining to the payments

PAGE 20 OF 91 ED-FSA-11-R-0023

and costs associated with the acquisition or construction of the IT Software Assets.”

(c) The contractor’s IT Software Assets control system shall be subject to internal control standards and be supported by adequate records.

(d) The contractor shall as a minimum conduct annually a inventory of all Government IT Software Assets in its possession (or control) and shall require subcontractors to do likewise. The Contractor, with the approval of the Property Administrator, shall establish the type and procedure to be followed when taking the inventory.

(1) Frequency of Conducting Inventories.

(i) Annually - The contractor will perform, record, and report IT Software Assets l inventories according to an established schedule approved by the Property Administrator during contract performance.

(ii) Contract Termination or Completion – The contractor will immediately perform a 100% inventory of all Government IT Software Assets accountable to the contract upon contract termination or completion, unless waived by the Property Administrator.

(iii) Special Inventories - On occasion, the CO or Property Administrator may require to conduct a special inventory if they have reason to believe the contractor’, or the Government’s records are grossly inaccurate, or for other pertinent contracting, management or regulatory reasons.

(2) The contractor shall submit a listing that identifies all IT Software Assets not accounted for during the inventory or any IT Software Assets that had not been entered into the contractor’s records. An officer of the contractor’s organization shall also submit a signed statement that the inventory was completed on a certain date and that all discrepancies were reported.

(e) Closure of Contracts. Upon completion or termination of a contract, the contractor shall advise the CO or the cognizant COR as to the existence at the contractor’s facility of any residual IT Software Assets requiring disposal.

(f) Disposition of IT Software Assets.

(1) The proper disposal of excess software depends upon the license that was originally issued for the use of the software. This applies to software that is no longer needed and to software that exist on media being disposed.

(3) Outdated or obsolete software (software that has been superseded or replaced with a new version) shall be disposed of in accordance with the license agreement that was originally issued for the use of the software. Usually, the software must be destroyed by erasing it from the media on which it resides, and all manuals shall be treated the same as any other copyrighted material and trashed.

Government-furnished IT Software Assets, and Contractor-Acquired IT Software Assets, shall be returned in accordance with accepted Government security procedures. Special information security considerations include the return of the IT Software Assets in usable condition.

If there is any doubt as to the appropriate method of information removal, the Department of Education Information System Security Officer (ISSO) shall be consulted before proceeding.”

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(h) Disposition Methods. Federal Student Aid may exercise its right to require the return of any IT Software Assets in the possession of the contractor or any subcontractors. These instructions may include transfers of Government IT Software Assets to another Government contract. If Federal Student Aid does not exercise these rights, the contractor inventory shall be disposed of by one of the following methods in the priority indicated:

(1) Purchase or retention at cost by contractor of Contractor IT Software Assets;

(2) Return of IT Software Assets to suppliers;

(3) Returned for reutilization within the Government through the use of prescribed screening procedures.

(i) Government Furnished Information (GFI). The Government may provide information (e.g., technical data, applicable documents, plans, regulations, specifications, etc.) in support of a specific task. Such GFI will be specified in individual TO.

H.11. INFORMATION TECHNOLOGY SYSTEMS ACCESS FOR CONTRACTORS

(a) “Sensitive Information” means information that is:

(1) Protected Critical Infrastructure Information (PCII) as described in the Critical Infrastructure Information Act of 2002, 6 U.S.C. sections 211-224; its implementing regulations, 6 CFR Part 29; or the applicable PCII Procedures Manual; or

(2) Sensitive Security Information (SSI), as described in 49 CFR Part 1520; or

(3) Sensitive but Unclassified Information (SBU), which consists of any other unclassified information which:

If lost, misused, modified, or accessed without authorization, could adversely affect the national interest, proprietary rights, the conduct of Federal programs, or individual privacy under 5 U.S.C. section 552a; and

If provided by the government to the contractor, is marked in such a way as to place a reasonable person on notice of its sensitive nature.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms, as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

PAGE 22 OF 91 ED-FSA-11-R-0023

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) Contractors shall identify in their proposals, the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of personnel who are non- U.S. citizen after contract award shall also be reported to the contracting officer.

(g) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(h) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the COR will arrange, and complete any nondisclosure agreement furnished by Federal Student Aid.

(i) The contractor shall have access only to those areas of Federal Student Aid Organizational Element (OE) information technology resources explicitly stated in this contract or approved by the COR in writing as necessary for performance of the work under this contract. Any attempts by contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COR, is strictly prohibited. In the event of violation of this provision, Federal Student Aid will take appropriate actions with regard to the contract and the individual(s) involved.

(j) Contractor access to Federal Student Aid networks from a remote location is a temporary privilege for mutual convenience while the contractor performs business for the Federal Student Aid OE. It is not a right, a guarantee of access, a condition of the contract, nor is it Government Furnished Equipment (GFE).

(k) Contractor access will be terminated for unauthorized use. The contractor agrees to hold and save Federal Student Aid harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

(l) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Organizational Element or designee, with the concurrence of the Office of Security and Department’s CIO or designee. In order for a waiver to be granted:

(1) The individual must be a legal permanent resident of the U.S. or a citizen of Ireland, Israel, the Republic of the Philippines, or any nation on the Allied Nations List maintained by the Department of State.

(2) All required security forms specified by the government and any necessary background check must be satisfactorily completed.

(3) There must be a compelling reason for using this individual as opposed to a U.S.

citizen. (4) The waiver must be in the best interest of the Government.

END OF SECTION H

PAGE 23 OF 91 ED-FSA-11-R-0023

SECTION I – CONTRACT CLAUSES

I.1 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Jan 2011)

(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 http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will 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)(i) 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.

As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

I.2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Aug 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

PAGE 24 OF 91 ED-FSA-11-R-0023

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (10) [Reserved] _X_ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

_X_ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (16) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

PAGE 25 OF 91 ED-FSA-11-R-0023

__ (19) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C.

632(a)(2)).

__ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

__ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

_X_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010)

(E.O. 13126).

_X_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (30) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

__ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (32) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (33)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

__ (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (E.O. 13513).

__ (37) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (38)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009)

(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (40) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

(Oct 2003) (31 U.S.C. 3332).

__ (46) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor

Registration (May 1999) (31 U.S.C. 3332).

__ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and

41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple

Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.

110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and…