Terms_and_Conditions_Financial_Analysis_Tool.docx

Department of Education Federal Student Aid Terms and Conditions

FSA 4-1 ONLINE REPRESENTATION AND CERTIFICATION UPDATES (APR 2013)

The Small Business Administration validates a Contracting Officer’s reporting of an awardee’s business size in the Federal Procurement Data System by comparing it with contractor-reported data contained in the System for Award Management (SAM) located at https://www.sam.gov/portal/public/SAM/. Even if an offeror elects to execute a hard copy of the offeror’s representations and certifications when responding to this solicitation or request for quotation, the offeror is also required to ensure the NAICS identified with this acquisition, and the offeror’s corresponding business size, is updated in SAM.

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FSA 24-1 Release of Information under the Freedom of Information Act (Jan. 2008)

By entering into a contract with the Department of Education, the contractor, without regard to proprietary markings, approves the release of the entire contract and all related modifications and task orders including, but not limited to:

(4) Reports, deliverables and work products delivered in performance of the contract (including quality of service, performance against requirements/standards/service level agreements),

(5) Any and all information, data, software and related documentation first provided under the contract,

(6) Proposals or portions of proposals incorporated by reference, and

(7) Other terms and conditions.

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FSA 31-1 CONTRACTOR TRAVEL EXPENSES (APR 2013)

Local travel is not an authorized direct expense under this contract. Local travel is defined as travel within a 50-mile radius of the official duty station; and includes such things as regular commuting to and from the place of employment; parking, mileage, and fuel expenses; and any other items that are incidental to local travel.

Other-than-local Contractor travel may be required in performance of this contract. The Contractor shall secure authorization to travel in writing from the Contracting Officer prior to incurrence of any costs associated with other-than-local travel. Costs incurred by contractor personnel on authorized travel will be considered allowable for payment as long as the costs are reasonable and consistent with FAR Subpart 31.205-46, as follows:

I. Costs for per diem, lodging, and incidental expenses are allowable up to the extent such costs are actual costs and do not exceed the maximum daily travel limitations effective for the city and fiscal year, as identified in the Federal Travel Regulations at http://www.gsa.gov/portal/content/104877. The costs shall be downward adjusted when travel does not take an entire day.

II. Costs for airfare are limited to the lowest price available to the Contractor during normal business hours unless such airfare would require travel during unreasonable hours, via circuitous routing, that is not reasonably adequate to meet the traveler’s medical or physical needs or that would result in unreasonable costs that would not be offset by travel savings. In order for travel costs to be allowable in the above circumstances, the basis of the exception must be documented and justified.

III. All receipts for any travel cost incurrence, above $75, are submitted as supporting documentation, and travel expenses include the following:

a. Date and place of the travel (city, town, or other similar destination);

b. Purpose of the trip; and,

c. Name of the person who incurred the expenses, and the relationship of that person to the Contractor.

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FSA 32-1 INVOICE PROCEDURES (MAR 2012)

The Contractor must submit an invoice via mail, fax, or e-mail for this contract in order to be paid for products and/or services rendered. For Prompt Payment Act purposes, Invoices received after 3 p.m. will be processed on the next business day.

Federal Student Aid's "Designated Billing Office" (DBO) is:

US Department of Education Union Center Plaza Federal Student Aid Administration 830 First Street, NE – Suite 54B1 Washington, D.C. 20201-0001 E-mail: Invoice.Admin@ed.gov Fax: (202) 275-3477

A contractor shall also simultaneously submit copies of the invoice to the Contracting Officer (CO) and one to the Contracting Officer's Representative (COR). The CO and COR should receive copies via the same means as the invoice sent to the DBO.

When submitting an invoice via mail, the Contractor shall submit the original invoice and two copies of the invoice.

At a minimum, the following items must be addressed in order for the invoice to be considered “proper” for payment:

(1) Name and Address of the Contractor.

(2) Invoice Number and Invoice Date.

(3) The Contract number, contract line item, and if applicable, the order number.

(4) Description, quantity, unit of measure, unit price, and extended price of the delivered item or service, as defined in the contract or order.

(5) Terms of any offered prompt payment discount.

(6) Name, title, and phone number of persons to be notified in event of a defective invoice.

(7) The period of time covered by the invoice.

(8) Totals, supported by subtotals, and subtotals should be supported by detail (i.e. documentation for categories of labor, hours performed, unit prices) and deliverables provided.

(9) If required by this contract or order, receipts must be provided to support documentation of “other direct costs” (ODCs) or materials.

(10) Special instructions for finance payments:

Invoices for finance payments shall specifically and prominently identify the payment request as follows:

REQUEST FOR FINANCING PAYMENT

Finance payments are not subject to the Prompt Payment Act. Failure to identify the invoice as a request for financing may result in delay of payment. Invoices that are identified as Requests for Finance Payments shall only include the finance payments listed in the contract. Requests for finance payments shall not be combined with other types of invoice payments.

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FSA 39-3 FSA Section 508 and Electronic and Information Technology Accessibility Standards Compliance (September, 2016)

1. The performance of this contract is subject to the requirements of Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), and the Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR Part 1194).

1. Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal electronic and information technology, including that provided by a Government contractor, to be accessible to people with disabilities, including employees and members of the public. All EIT services performed under this contract shall meet the standards identified at 36 CFR Part 1194 (http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title36/36cfr1194_main_02.tpl).

1. Members of the public with disabilities that are seeking information or services from the contractor shall have access to and use of information and data maintained and provided to the public under this contract that is comparable to the access to and use of information and data by members of the public who are not individuals with disabilities. The contractor’s Website, and any documents or other forms of communication that may be viewed by the public via the Website, shall remain current with manners of assistive technology utilized by the public for accessing such information. In order to maintain an accessible Website and documents or other forms of communication, the contractor shall ensure that the public can access required information in a variety of ways, which do not have to rely on a single sense or ability of the user.

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3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAR 2011) By entering into a contract with the Department of Education, the contractor, without regard to proprietary markings, approves the release of the entire contract and all related modifications and task orders including, but not limited to:

(1) Unit prices, including labor rates;

(2) Statements of Work/Performance Work Statements generated by the contractor;

(3) Performance requirements, including incentives, performance standards, quality levels, and service level agreements;

(4) Reports, deliverables, and work products delivered in performance of the contract (including quality of service, performance against requirements/standards/service level agreements);

(5) Any and all information, data, software, and related documentation first provided under the contract;

(6) Proposals or portions of proposals incorporated by reference; and

(7) Other terms and conditions.

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3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES (MAR 2011) The contractor shall assure that any meeting, conference, or seminar held pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities pursuant to section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and any implementing regulations of the Department.

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3452.201-70 Contracting Officer's Representative (COR) (MAR 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:

Lenear Bassett-King Lenear.Bassett-King@ed.gov

(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.

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