RFP - NPSAS.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER RATING PAGE OF PAGES

DPAS (15 CFR 700) 1 75

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

ED-IES-09-R-0015 SEALED BID (IFB)

NEGOTIATED (RFP)

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

Contracts & Acquisitions Mgt., Group D US Dept of Education, 550 12th St SW - 7th Floor Washington DC 20202-4230

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

SOLICITATION

9. Sealed offers in original and 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 2:00 PM

ET

local time JUL 08, (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 A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

CALL: Natasha Boyce 202-245-6128 natasha.boyce@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 X I CONTRACT CLAUSES 35 - 42

X B SUPPLIES OR SERVICES AND PRICES/COSTS 7 - 13 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 14 - 14 X J LIST OF ATTACHMENTS 43 - 43

X D PACKAGING AND MARKING 15 - 15 PART IV - PRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 16 - 16 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER 44 - 57

X F DELIVERIES OR PERFORMANCE 17 - 17 STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 18 - 18 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 58 - 71

X H SPECIAL CONTRACT REQUIREMENTS 19 - 34 X M EVALUATION FACTORS FOR AWARD 72 - 75

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

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

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)

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 Type of Contract

B. 2 17.106-1 {17.106-1} General

B. 3 301-2a ESTIMATED COST (INCREMENTALLY FUNDED) (ALTERNATE 1) (SEPTEMBER 1986)

B. 4 216-70 AWARD FEE (APR 1984)

B. 5 306-19 OVERHEAD CEILING RATES (APRIL 1986)

B. 6 306-9 PROVISIONAL AND NEGOTIATED FINAL OVERHEAD RATES (OCTOBER 1993)

B. 7 3452.232-71 INCREMENTAL FUNDING (AUG 1987)

B. 8 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

B. 9 Cancellation Charges

B. 10 Fixed Price Tasks - Pricing Table

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 302-2 SCOPE OF WORK (FEBRUARY 1985)

SECTION D PACKAGING AND MARKING

D. 1 303-1 SHIPMENT AND MARKING (MARCH 1986)

SECTION E INSPECTION AND ACCEPTANCE

E. 1 304-1 INSPECTION AND ACCEPTANCE (FEBRUARY 1985)

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

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

SECTION F DELIVERIES OR PERFORMANCE

F. 1 305-2 REPORT OF CONSULTANTS (MARCH 1986)

F. 2 305-4 PERIOD OF PERFORMANCE (MARCH 1986)

F. 3 305-6 DELIVERABLES (MARCH 1986)

F. 4 305-8 DELIVERY SCHEDULE (MARCH 1986)

SECTION G CONTRACT ADMINISTRATION DATA

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

G. 2 306-2 ADDITIONAL REQUIREMENTS FOR CONTROL OF GOVERNMENT PROPERTY (JANUARY 1989)

G. 3 306-5 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (FEB 2006)

G. 4 306-6 GOVERNMENT PROPERTY ADMINISTRATOR (DECEMBER 1986)

G. 5 306-8 CONTRACT ADMINISTRATOR (FEB 1985)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H. 1 301-20 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES (FEB 1995)

H. 2 306-10 GOVERNMENT-FURNISHED DATA (APRIL 1984)

H. 3 307-12 CONSENT TO SUBCONTRACT (AUGUST 1998)

H. 4 307-13 DEPARTMENT SECURITY REQUIREMENTS (JUNE 2006)

H. 5 307-14 COMPUTER SYSTEM DESIGN AND IMPLEMENTATION REQUIREMENTS (APRIL 1999)

H. 6 307-15 WITHHOLDING OF CONTRACT PAYMENTS - SECURITY (JUN 2006)

H. 7 307-17 CONFLICT OF INTEREST (AUG 2007)

H. 8 307-19 REDACTED PROPOSALS (DECEMBER 1998)

H. 9 307-2 KEY PERSONNEL DESIGNATION (MARCH 1985)

H. 10 307-24 CONSULTANT SERVICES AND CONSENT (APRIL 1986)

H. 11 307-3 DUAL COMPENSATION (MARCH 1985)

H. 12 307-5 PAYMENT OF TRAVEL EXPENSES AND FEES FOR ED EMPLOYEES (MARCH 1985)

H. 13 307-7a PUBLICATION AND AUDIO-VISUAL PRODUCTION (MAY 1997)

H. 14 307-8 PAYMENT OF PRINTING TO BE PERFORMED BY THE GOVERNMENT PRINTING OFFICE (APRIL 1992)

H. 15 316-1 ACCESSIBILITY OF SOFTWARE (OCTOBER 1999)

H. 16 317-1 ACCOMMODATION/ACCESSIBILITY FOR THE DISABLED (OCTOBER 1999)

H. 17 3452.216-70 ADDITIONAL COST PRINCIPLES (AUG 1987)

H. 18 3452.227-70 PUBLICATION AND PUBLICITY (AUG 1987)

H. 19 3452.242-72 WITHHOLDING OF CONTRACT PAYMENTS (AUG 1987)

H. 20 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

Table of Contents

H. 21 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

H. 22 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

H. 23 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

H. 24 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

H. 25 52.224-2 PRIVACY ACT (APR 1984)

H. 26 52.230-2 COST ACCOUNTING STANDARDS (OCT 2008)

H. 27 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

H. 28 52.232-25 PROMPT PAYMENT (OCT 2008)

H. 29 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT

2003)

H. 30 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

H. 31 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

H. 32 OPTIONS

H. 33 NCES COMMISSIONER RENEWAL

SECTION I CONTRACT CLAUSES

I. 1 3452.202-1 DEFINITIONS (AUG 1987)

I. 2 3452.208-70 PRINTING (AUG 1987)

I. 3 3452.216-70 ADDITIONAL COST PRINCIPLES (AUG 1987)

I. 4 3452.216-71 NEGOTIATED INDIRECT COST RATES - FIXED (AUGUST 1987)

I. 5 3452.227-70 PUBLICATION AND PUBLICITY (AUG 1987)

I. 6 3452.227-71 PAPERWORK REDUCTION ACT (AUG 1987)

I. 7 3452.227-72 ADVERTISING OF AWARDS (AUG 1987)

I. 8 3452.228-70 REQUIRED INSURANCE (AUG 1987)

I. 9 3452.237-71 SERVICES OF CONSULTANTS (AUG 1987)

I. 10 3452.242-70 LITIGATION AND CLAIMS (AUG 1987)

I. 11 3452.242-71 NOTICE TO THE GOVERNMENT OF DELAYS (AUG 1987)

I. 12 3452.242-72 WITHHOLDING OF CONTRACT PAYMENTS (AUG 1987)

I. 13 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH

DISABILITIES

I. 14 3452.243-70 KEY PERSONNEL (AUG 1987)

I. 15 3452.247-70 FOREIGN TRAVEL (AUG 1987)

I. 16 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

I. 17 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

I. 18 52.203-3 GRATUITIES (APR 1984)

I. 19 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I. 20 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I. 21 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

I. 22 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

(JAN1997)

I. 23 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

I. 24 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

I. 25 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

I. 26 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

I. 27 52.215-14 INTEGRITY OF UNIT PRICES (OCT 1997)

I. 28 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2004)

I. 29 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

I. 30 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN

PENSIONS (JUL 2005)

I. 31 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I. 32 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 1999)

I. 33 52.215-2 II AUDIT AND RECORDS--NEGOTIATION (JUN 1999)--ALTERNATE II (APR 1998)

I. 34 52.216-18 ORDERING (OCT 1995)

I. 35 52.216-19 ORDER LIMITATIONS (OCT 1995)

I. 36 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I. 37 52.216-7 ALLOWABLE COST AND PAYMENT (DEC 2002)

I. 38 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

I. 39 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

I. 40 52.219-9 II SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008)--ALTERNATE II (OCT 2001)

I. 41 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

I. 42 52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1996)

I. 43 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I. 44 52.222-3 CONVICT LABOR (JUN 2003)

I. 45 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS. [SEP 2006]

I. 46 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

I. 47 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND

OTHER ELIGIBLE VETERANS (SEP 2006)

I. 48 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

I. 49 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

I. 50 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

I. 51 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I. 52 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

I. 53 52.224-2 PRIVACY ACT (APR 1984)

I. 54 52.225-1 BUY AMERICAN ACT--SUPPLIES (FEB 2003)

I. 55 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I. 56 52.225-3 BUY AMERICAN ACT--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT [FEB 2009]

I. 57 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I. 58 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (DEC 2007)

I. 59 52.227-18 RIGHTS IN DATA--EXISTING WORKS (DEC 2007)

I. 60 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT ONFRINGEMENT (DEC 2007)

I. 61 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

I. 62 52.227-3 PATENT INDEMNITY (APR 1984)

I. 63 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR 1996)

I. 64 52.230-2 COST ACCOUNTING STANDARDS (OCT 2008)

I. 65 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (OCT 2008)

I. 66 52.230-5 COST ACCOUNTING STANDARDS--EDUCATIONAL INSTITUTION (OCT 2008)

I. 67 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (MAR 2008)

I. 68 52.232-17 INTEREST (OCT 2008)

I. 69 52.232-20 LIMITATION OF COST (APR 1984)

I. 70 52.232-22 LIMITATION OF FUNDS (APR 1984)

I. 71 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I. 72 52.232-25 PROMPT PAYMENT (OCT 2008)

I. 73 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT

2003)

I. 74 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL CONTRACTOR REGISTRATION

(MAY1999)

I. 75 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

I. 76 52.233-1 I DISPUTES (JUL 2002)--ALTERNATE I (DEC 1991)

I. 77 52.233-3 I PROTEST AFTER AWARD (AUG 1996)--ALTERNATE I (JUN 1985)

I. 78 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

I. 79 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

I. 80 52.242-13 BANKRUPTCY (JUL 1995)

I. 81 52.242-15 STOP-WORK ORDER (AUG 1989)

I. 82 52.242-15 I STOP-WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984)

I. 83 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)

I. 84 52.243-2 CHANGES--COST-REIMBURSEMENT (AUG 1987)

I. 85 52.243-2 I CHANGES--COST-REIMBURSEMENT (AUG 1987)--ALTERNATE I (APR 1984)

I. 86 52.244-2 I SUBCONTRACTS (JUN 2007)--ALTERNATE I (JUN 2007)

I. 87 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

I. 88 52.245-5 {52.245-5} [RESERVED]

I. 89 52.245-5 I GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME-AND-MATERIAL, OR LABOR-HOUR

CONTRACTS) (MAY 2004)--ALTERNATE I (JUN 2003)

I. 90 52.246-23 LIMITATION OF LIABILITY (FEB 1997)

I. 91 52.246-24 LIMITATION OF LIABILITY--HIGH-VALUE ITEMS (FEB 1997)

I. 92 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)

I. 93 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

I. 94 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984)

I. 95 52.247-34 F.O.B. DESTINATION (NOV 1991)

I. 96 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JUN 2003)

I. 97 52.248-1 VALUE ENGINEERING (FEB 2000)

I. 98 52.248-1 III VALUE ENGINEERING (FEB 2000)--ALTERNATE III (APR 1984)

I. 99 52.249-14 EXCUSABLE DELAYS (APR 1984)

I. 100 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004)

I. 101 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

I. 102 52.249-6 II TERMINATION (COST-REIMBURSEMENT) (MAY 2004)--ALTERNATE II (SEP 1996)

I. 103 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I. 104 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I. 105 52.252-2a CLAUSES INCORPORATED BY REFERENCE (MAY 2001)

I. 106 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

SECTION J LIST OF ATTACHMENTS

J. 1 309-1a LIST OF ATTACHMENTS (APRIL 1984)

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K. 1 307-17a CONFLICT OF INTEREST CERTIFICATION (AUG 2007)

K. 2 310-1 REPRESENTATION AUTHORITY (JANUARY 2005)

K. 3 310-10 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (APRIL 1984)

K. 4 310-16 POST EMPLOYMENT CONFLICT OF INTEREST (MARCH 1985)

K. 5 310-6 DUPLICATION OF COST (MARCH 1985)

K. 6 310-9 APPROVAL OF ACCOUNTING SYSTEM (MARCH 1985)

K. 7 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

K. 8 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

K. 9 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

K. 10 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008)

K. 11 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K. 12 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

K. 13 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)

K. 14 52.219-23 NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS

(OCT2008)

K. 15 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL

2005)

K. 16 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

K. 17 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K. 18 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K. 19 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

K. 20 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

K. 21 52.225-1 BUY AMERICAN ACT--SUPPLIES (FEB 2003)

K. 22 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2008)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L. 1 Instructions to Offerors

L. 2 307-1 ORDER OF PRECEDENCE (SOLICITATION) (NOVEMBER 1986)

L. 3 311-1 TYPE OF CONTRACT (MARCH 1986)

L. 4 311-4a BUSINESS PROPOSAL INSTRUCTIONS (AUG 2007)

L. 5 311-5 FORMS CLEARANCE PROCESS (MARCH 1986)

L. 6 311-6 CLARIFICATION QUESTIONS (APRIL 1998)

L. 7 311-7 PROVISION FOR EVALUATION FACTOR AMENDMENTS (MARCH 1986)

L. 8 311-9 COMMENTS ON SMALL BUSINESS REGULATORY ENFORCEMENT(JUNE 1998)

L. 9 314-1 PAST PERFORMANCE REPORT (MAR 1996)

L. 10 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)--ALTERNATE I (OCT

1997)

L. 11 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

L. 12 52.215-20 IV REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING

DATA (OCT 1997)--ALTERNATE IV (OCT 1997)

L. 13 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

L. 14 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

L. 15 52.233-2 SERVICE OF PROTEST (SEP 2006)

SECTION M EVALUATION FACTORS FOR AWARD

M. 1 312-2 EVALUATION FACTORS FOR AWARD (MAY 2004)

M. 2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M. 3 Evaluation Criteria

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 Type of Contract

The Government contemplates award of a hybrid contract that will be Cost Plus Award Fee with Fixed Price Tasks (Task 1, Task 2.2, Task 3.2) type contract from this solicitation.

B. 2 17.106-1 {17.106-1} General.

(a) "Method of contracting." The nature of the requirement should govern the selection of the method of contracting, since the multi-year procedure is compatible with sealed bidding, including two-step sealed bidding, and negotiation.

(b) "Type of contract." Given the longer performance period associated with multi-year acquisition, consideration in pricing fixed-priced contracts should be given to the use of economic price adjustment terms and profit objectives commensurate with contractor risk and financing arrangements.

(c) "Cancellation procedures."

(1) All program years except the first are subject to cancellation. For each program year subject to cancellation, the contracting officer shall establish a cancellation ceiling. Ceilings must exclude amounts for requirements included in prior program years. The contracting officer shall reduce the cancellation ceiling for each program year in direct proportion to the remaining requirements subject to cancellation. For example, consider that the total nonrecurring costs (see 15.408, Table 15-2, Formats for Submission of Line Items Summaries C(8)) are estimated at 10 percent of the total multi-year price, and the percentages for each of the program year requirements for 5 years are

(i) 30 in the first year,

(ii) 30 in the second,

(iii) 20 in the third,

(iv) 10 in the fourth, and

(v) 10 in the fifth.

The cancellation percentages, after deducting 3 percent for the first program year, would be 7, 4, 2, and 1 percent of the total price applicable to the second, third, fourth, and fifth program years, respectively.

(2) In determining cancellation ceilings, the contracting officer must estimate reasonable preproduction or startup, labor learning, and other nonrecurring costs to be incurred by an "average" prime contractor or subcontractor, which would be applicable to, and which normally would be amortized over, the items or services to be furnished under the multi-year requirements.

Nonrecurring costs include such costs, where applicable, as plant or equipment relocation or rearrangement, special tooling and special test equipment, preproduction engineering, initial rework, initial spoilage, pilot runs, allocable portions of the costs of facilities to be acquired or established for the conduct of the work, costs incurred for the assembly, training, and transportation to and from the job site of a specialized work force, and unrealized labor learning. They shall not include any costs of labor or materials, or other expenses (except as indicated above), which might be incurred for performance of subsequent program year requirements. The total estimate of the above costs must then be compared with the best estimate of the contract cost to arrive at a reasonable percentage or dollar figure. To perform this calculation, the contracting officer should obtain in-house engineering cost estimates identifying the detailed recurring and nonrecurring costs, and the effect of labor learning.

(3) The contracting officer shall establish cancellation dates for each program year's requirements regarding production lead time and the date by which funding for these requirements can reasonably be established. The contracting officer shall include these dates in the schedule, as appropriate.

(d) "Cancellation ceilings." Cancellation ceilings and dates may be revised after issuing the solicitation if necessary. In sealed bidding, the contracting officer shall change the ceiling by amending the solicitation before bid opening. In two-step sealed bidding, discussions conducted during the first step may indicate the need for revised ceilings and dates which may be incorporated in step two. In a negotiated acquisition, negotiations with offerors may provide information requiring a change in cancellation ceilings and dates before final negotiation and contract award.

(e) "Payment of cancellation charges." If cancellation occurs, the Government's liability will be determined by the terms of the applicable contract.

(f) "Presolicitation or pre-bid conferences." To ensure that all interested sources of supply are thoroughly aware of how multi-year contracting is accomplished, use of presolicitation or pre-bid conferences may be advisable.

(g) "Payment limit." The contracting officer shall limit the Government's payment obligation to an amount available for contract performance. The contracting officer shall insert the amount for the first program year in the contract upon award and modify it for successive program years upon availability of funds.

(h) "Termination payment." If the contract is terminated for the convenience of the Government in whole, including requirements subject to cancellation, the Government's obligation shall not exceed the amount specified in the Schedule as available for contract performance, plus the cancellation ceiling.

B. 3 301-2a ESTIMATED COST (INCREMENTALLY FUNDED) (ALTERNATE 1) (SEPTEMBER 1986)

(a) The estimated cost of this contract is To be filled in at the time of the award . There is no fixed fee. (b) Sufficient funds are not presently available to cover the total estimated cost of this contract; however, this contract will follow the concepts of incremental funding described in FAR clause 52.232-22, "Limitation of Funds." Total funds currently available for payment and allotted to this contract are To be filled in at the time of the award. The Fixed Price cost of this contract is to be filled in at time of award. . (c) If and when the contract is fully funded, as specified in paragraph(a) of this clause, the Limitation of Cost clause shall become applicable. (d) The Contracting Officer may allot additional funds to the contract without the concurrence of the Contractor.

B. 4 216-70 AWARD FEE (APR 1984)

The amount of award fee the Contractor earns, if any, is based on a subjective evaluation by the Government of the quality of the Contractor's performance in accordance with the award fee plan. The Government will determine the amount of award fee every 12 months beginning with the end of year One.

. The Fee Determination Official (FDO) will unilaterally determine the amount of award fee. The FDO's determination will be in writing to the Contractor and is not subject to the "Disputes" clause. The Government may unilaterally change the award fee plan at any time and will provide such changes in writing to the Contractor prior to the beginning of the applicable evaluation period. The Contractor may submit a voucher for the earned award fee. Available award fee not earned during one period does not carry over to subsequent periods.

B. 5 306-19 OVERHEAD CEILING RATES (APRIL 1986)

(a) Notwithstanding the final overhead rates agreed to by the parties hereunder for any period of performance, or otherwise established pursuant to this clause, it is agreed that the following overhead ceiling rates shall apply:

TO BE FILLED IN AT TIME OF AWARD

(b) The government accordingly shall not be obligated to pay any additional amount on account of overhead above the ceiling rates;further, negotiated final rates which are lower than the ceilings shall only be reimbursed at that lesser actual rate.

B. 6 306-9 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 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 cost rates, as explained in paragraph (e). (b) The provisional overhead rate(s) applicable to this contract: TO BE FILLED IN AT TIME OF AWARD

B. 7 3452.232-71 INCREMENTAL FUNDING (AUG 1987)

(a) Sufficient funds are not presently available to cover the total cost of the complete project described in this solicitation. However, it is the Government's intention to negotiate and award a contract using the incremental funding concepts described in the clause titled "Limitation of Funds" in FAR 52.232-22. Under that clause, which will be included in the resultant contract, initial funds will be obligated under the contract to cover an estimated base performance period. Additional funds are intended to be allotted to the contract by contract modification, up to and including the full estimated cost of the entire period of performance. This intent notwithstanding, the Government will not be obligated to reimburse the contractor for cost incurred in excess of the periodic allotments, nor will the contractor be obligated to perform in excess of the amount allotted.

(b) The Limitation of Cost clause in FAR 52.232-20 shall supersede the Limitation of Funds clause in the event the contract becomes fully funded.

(End of provision)

B. 8 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

(a) "Cancellation," as used in this clause, means that the Government is canceling its requirements for all supplies or services in program years subsequent to that in which notice of cancellation is provided. Cancellation shall occur by the date or within the time period specified in the Schedule, unless a later date is agreed to, if the Contracting Officer-

(1) Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or

(2) Fails to notify the Contractor that funds are available for performance of the succeeding program year requirement.

(b) Except for cancellation under this clause or termination under the Default clause, any reduction by the Contracting Officer in the requirements of this contract shall be considered a termination under the Termination for Convenience of the Government clause.

(c) If cancellation under this clause occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling specified in the Schedule as applicable at the time of cancellation.

(d) The cancellation charge will cover only--

(1) Costs--

(i) Incurred by the Contractor and/or subcontractor;

(ii) Reasonably necessary for performance of the contract; and

(iii) That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and

(2) A reasonable profit or fee on the costs.

(e) The cancellation charge shall be computed and the claim made for it as if the claim were being made under the Termination for Convenience of the Government clause of this contract. The Contractor shall submit the claim promptly but no later than 1 year from the date--

(1) Of notification of the nonavailability of funds; or

(2) Specified in the Schedule by which notification of the availability of additional funds for the next succeeding program year is required to be issued, whichever is earlier, unless extensions in writing are granted by the Contracting Officer.

(f) The Contractor's claim may include--

(1) Reasonable nonrecurring costs (see Subpart 15.4 of the Federal Acquisition Regulation) which are applicable to and normally would have been amortized in all supplies or services which are multi-year requirements;

(2) Allocable portions of the costs of facilities acquired or established for the conduct of the work, to the extent that it is impracticable for the Contractor to use the facilities in its commercial work, and if the costs are not charged to the contract through overhead or otherwise depreciated;

(3) Costs incurred for the assembly, training, and transportation to and from the job site of a specialized work force; and

(4) Costs not amortized solely because the cancellation had precluded anticipated benefits of Contractor or subcontractor learning.

(g) The claim shall not include--

(1) Labor, material, or other expenses incurred by the Contractor or subcontractors for performance of the canceled work;

(2) Any cost already paid to the Contractor;

(3) Anticipated profit or unearned fee on the canceled work; or

(4) For service contracts, the remaining useful commercial life of facilities. "Useful commercial life" means the commercial utility of the facilities rather than their physical life with due consideration given to such factors as location of facilities, their specialized nature, and obsolescence.

(h) This contract may include an Option clause with the period for exercising the option limited to the date in the contract for notification that funds are available for the next succeeding program year. If so, the Contractor agrees not to include in option quantities any costs of a startup or nonrecurring nature that have been fully set forth in the contract. The Contractor further agrees that the option quantities will reflect only those recurring costs and a reasonable profit or fee necessary to furnish the additional option quantities.

(i) Quantities added to the original contract through the Option clause of this contract shall be included in the quantity canceled for the purpose of computing allowable cancellation charges.

(End of Clause)

B. 9 Cancellation Charges

Cancellation charges

In concurrence with FAR 52.217-2 the cancellation charge will cover only—

(1) Costs—

(i) Incurred by the Contractor and/or subcontractor;

(ii) Reasonably necessary for performance of the contract; and

(iii) That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and

(2) A reasonable profit or fee on the costs.

Total amount of non-recurring costs: TBD

B. 10 Fixed Price Tasks - Pricing Table

Pricing Table

Task 1: Project Management

Deliverables:

Subtask 1.1 Initial meeting with NCES

Summary of initial meeting/expanded project management plan

Subtask 1.2 Schedules

Schedules

Subtask 1.3 Monthly reports

Monthly reports

Subtask 1.4 Integrated monitoring system

IMS document archive

Data library

TRP member information page

Bibliography

Relational instrumentation interface

Electronic Codebook

Production reports

Confidentiality reports

Quality control reports

Subtask 1.5 Technical Review Panels

List and sample letter to potential TRP members

TRP information packets

TRP Meeting agendas

TRP Meeting materials

TRP Meeting minutes

Task 2 Field test (FT) (Task 2 will not be relevant if Option 1 or Option 12 are exercised)

Subtask 2.2 FT RIMS/OMB forms clearance

Deliverables:

FT data elements and justifications

FT RIMS/OMB Forms Clearance List Package

FT RIMS/OMB Forms Clearance Student Package

FT item wording screens and edit specifications

Task 3 Full-scale (FS) data collection

Subtask 3.2 RIMS/OMB forms clearance

Deliverables:

FS data elements and justifications

FS RIMS/OMB Forms Clearance List Package

FS RIMS/OMB Forms Clearance Student Package

Memo describing changes from field test to full-scale data collection

FS final item wording screens

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 302-2 SCOPE OF WORK (FEBRUARY 1985)

The contractor shall furnish all personnel, materials, services, and facilities necessary to perform the requirements set forth in the Statement of Work, 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.

SECTION 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: TBA, Contracting Officer's Representative (COR) U.S. Department of Education 1990 K Street NW Washington, DC 20006 Natasha Boyce Contract Specialist (CS) U.S. Department of Education 550 12th Street, SW, 7th Floor, Mail Stop 4230 Washington, DC 20202 (c) Mark deliverables for: TBA, COR; Natasha Boyce, CS

SECTION 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)

(a) "Definitions." "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

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

(a) "Definition." "Services," as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may--

(1) By contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances; or

(2) Terminate the contract for default.

(End of Clause)

SECTION F

DELIVERIES OR PERFORMANCE

F. 1 305-2 REPORT OF CONSULTANTS (MARCH 1986)

The contractor must maintain a written report for the files on the results of all consultations charged to this contract. This report must include, at a minimum: (1) the consultant's name, dates, hours and amount charged to the contract, (2) the names of the contractor or subcontractor staff to whom the services are provided, and (3) the results of the subject matter of the consultations.

F. 2 305-4 PERIOD OF PERFORMANCE (MARCH 1986)

The period of performance shall be from to , inclusive of all specified deliveries and/or task work.

F. 3 305-6 DELIVERABLES (MARCH 1986)

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

Work.

F. 4 305-8 DELIVERY SCHEDULE (MARCH 1986)

The following items shall be delivered under this contract:

SECTION 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. (See See Attachment C )

G. 2 306-2 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. 3 306-5 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (FEB 2006)

(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 which 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 address: TBA 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. 4 306-6 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. 5 306-8 CONTRACT ADMINISTRATOR (FEB 1985)

The Contractor shall designate one individual to be contacted during the period of the contract for prompt contract administration. TO BE FILLED IN AT TIME OF AWARD

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H. 1 301-20 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. 2 306-10 GOVERNMENT-FURNISHED DATA (APRIL 1984)

(A) The Government shall deliver to the Contractor the Government-furnished data described in the contract. If the data is not delivered on schedule, or is unsuitable for its intended use, the

Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the "Changes" clause when:

(1) The Contractor submits a timely written request for an equitable adjustment; and

(2) The facts warrant an equitable adjustment.

(B) Title to Government-furnished data shall remain in the Government.

(C) The Contractor shall use the Government-furnished data only in connection with this contract.

(D) The data will be furnished to the Contractor as specified in the

(E) Other treatment and rights shall be in accordance with the incorporated general provision titled "Government Property".

H. 3 307-12 CONSENT TO SUBCONTRACT (AUGUST 1998)

Consent is hereby given to the contractor to subcontract with TO BE DETERMINED in the amount stated in its final proposal revision.

H. 4 307-13 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 202-245-6128 or via e-mail at Natasha.Boyce@ed.gov . Contractor employee positions required under this contract and their designated risk levels: High Risk (HR): (Specify HR positions) Moderate Risk (MR): (Specify MR positions) Low Risk (LR): (Specify LR positions) 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. 5 307-14 COMPUTER SYSTEM DESIGN AND IMPLEMENTATION REQUIREMENTS (APRIL 1999)

1. System Development Standards Information systems shall be developed in accordance with the ED "Software Life Cycle Management and Documentation Manual". This manual covers all aspects of developing an information system. All phases of the system development process are covered, from definition of the requirements through post installation review. The standards address the manual processes of collecting, processing and disseminating data as well as the automated functions. This process requires the preparation of a statement of requirements, assessment of alternative solution and cost/benefit analyses of these alternatives prior to preparation of system design specifications, programming/debugging and implementation of the system. 2. Project Documentation Plans In accordance with system development standards, the project documentation plan shall be revised at the completion of each critical phase of development and implementation. 3. Data Control and Validation All data must be key verified unless specified otherwise in the Statement of Work/Performance Work Statement. Also, unless specified otherwise in the Statement of Work/Performance Work Statement, data are acceptable if there is an error rate of less than 1% of the data elements. 4. Programming Language The contractor shall use the programming language specified in the Statement of Work/Performance Work Statement, or the programming language otherwise approved by the contracting officer. 5. System Documentation Computer systems/data bases developed under this contract shall be documented in accordance with the ED "Software Life Cycle Management and Documentation Manual". 6. Computer Software (a) All computer software development under this contract becomes the property of the U.S. Government. In addition, unless specifically exempted by the Contracting Officer, all computer software used by the Contractor on this contract must be delivered to the Government without limitation on the rights of usage and with sufficient documentation to permit the Government to modify and enhance the software with the assistance of the Contractor. 7. Government Furnished Documents Copies of the ED "Software Life Cycle Management and Documentation Manual" will be furnished on request. Telephone requests should be directed to Natasha Boyce at Telephone Number 202-245-6128 . Written requests should be directed to the following address: US Department of Education 550 12th Street, SW, 7th Floor, Mail Stop 4230, Washington, DC 20202 8. Federal Information Processing Standards (FIPS) A list of all applicable FIPS is attached. The FIPS publications can be accessed from the following web-site (FIPS Home Page):

http://www.nist.gov/itl/div897/pubs/index.htm. These publications may also be ordered from the National Technical Information Service (NTIS), U.S. Department of Commerce; Springfield, VA; Telephone:

1-800-553-NTIS (6847) or 703-605-6000.

H. 6 307-15 WITHHOLDING OF CONTRACT PAYMENTS - SECURITY (JUN 2006)

Notwithstanding any other payment provisions of this contract, failure of the contractor to submit required forms, responses or reports when due; failure to perform or deliver required work, supplies, or services; or, failure to meet any of the requirements of the contract, to include all requirements as specified in Clause 307-13 Department…