RFP ED-IES-12-R-0015 ECLS-K 2011.pdf

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

ORDER UNDER DPAS (15 CFR 700)

RATING

PAGE OF

PAGES

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

ED-IES-12-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

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

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

SOLICITATION

9. Sealed offers in original and 6 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 MAY 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 CALL

A. NAME

Sharon Masciana

B. TELEPHONE (NO COLLECT CALLS)

202-245-6132

C. E-MAIL ADDRESS

Sharon.Masciana@ed.gov

11. TABLE OF CONTENTS

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

PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES

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

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

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

D PACKAGING AND MARKING - PART IV - PRESENTATIONS AND INSTRUCTIONS

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

F DELIVERIES OR PERFORMANCE - STATEMENTS OF OFFERORS

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

H SPECIAL CONTRACT REQUIREMENTS - M EVALUATION FACTORS FOR AWARD -

OFFER

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

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

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

15A. NAME AND

ADDRESS OF

OFFEROR

DUNS: (Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

See Schedule

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

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

ITEM

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

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

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

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

Table of Contents

PAGE 2 OF 69 ED-IES-12-R-0015

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 TYPE OF CONTRACT

B. 2 AVAILABILITY OF FUNDS - TOTAL CONTRACT PRICE

B. 3 301-10 PROVISION FOR PRICING AND PAYMENT (ALTERNATE I) (AUGUST 1985)

B. 4 301-21 CONTRACT AMOUNT INCREASE/DECREASE (APRIL 1997)

B. 5 301-4 ESTIMATED COST AND FIXED FEE (INCREMENTALLY FUNDED CONTRACTS) (FEBRUARY 1985)

B. 6 3452.232-71 INCREMENTAL FUNDING (MAY 2011)

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 302-2--SCOPE OF WORK

SECTION D PACKAGING AND MARKING

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

SECTION E INSPECTION AND ACCEPTANCE

E. 1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

E. 2 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 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000).. 11

F. 5 52.242-15 STOP-WORK ORDER (AUG 1989)

F. 6 52.242-15 I STOP-WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984)

SECTION G CONTRACT ADMINISTRATION DATA

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

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

G. 3 306-1a INVOICE AND CONTRACT FINANCING REQUESTS SUBMISSION (ALTERNATE I) (JAN 2007)

G. 4 306-8 CONTRACT ADMINISTRATOR (FEB 1985)

G. 5 306-9 PROVISIONAL AND NEGOTIATED FINAL OVERHEAD RATES (OCTOBER 1993)

G. 6 3452.201-70 CONTRACTING OFFICER`s REPRESENTATIVE (COR) (MAY 2011)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H. 1 CANCELLATION CHARGES

H. 2 OPTIONAL TASKS

H. 3 301-20 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES (FEB 1995)

H. 4 307-12 CONSENT TO SUBCONTRACT (AUGUST 1998)

H. 5 307-19 REDACTED PROPOSALS (DECEMBER 1998)

H. 6 307-24 CONSULTANT SERVICES AND CONSENT (APRIL 1986)

H. 7 307-3 DUAL COMPENSATION (MARCH 1985)

H. 8 307-5 PAYMENT OF TRAVEL EXPENSES AND FEES FOR ED EMPLOYEES (MARCH 1985)

H. 9 316-1 ACCESSIBILITY OF SOFTWARE (OCTOBER 1999)

H. 10 3452.208-71 PRINTING (MAY 2011)

H. 11 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

H. 12 3452.215-70 RELEASE OF RESTRICTED DATA (MAY 2011)

H. 13 3452.216-70 ADDITIONAL COST PRINCIPLES (MAY 2011)

H. 14 3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAY 2011)

H. 15 3452.227-70 PUBLICATION AND PUBLICITY (MAY 2011)

H. 16 3452.228-70 REQUIRED INSURANCE (MAY 2011)

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H. 17 3452.237-70 SERVICES OF CONSULTANTS (MAY 2011)

H. 18 3452.237-71 OBSERVANCE OF ADMINISTRATIVE CLOSURES (MAY 2011)

H. 19 3452.239-71 NOTICE TO OFFERORS OF DEPARTMENT SECURITY REQUIREMENTS (MAY 2011)

H. 20 3452.239-72 DEPARTMENT SECURITY REQUIREMENTS (MAY 2011)

H. 21 3452.243-70 KEY PERSONNEL (MAY 2011)

H. 22 3452.247-70 FOREIGN TRAVEL (MAY 2011)

SECTION I CONTRACT CLAUSES

I. 1 3402.2 SUBPART 3402.2--DEFINITIONS CLAUSE

I. 2 52.202-1 DEFINITIONS (JAN 2012)

I. 3 3452.202-1 DEFINITIONS--DEPARTMENT OF EDUCATION (MAY 2011)

I. 4 52.203-3 GRATUITIES (APR 1984)

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

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

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

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

(JAN 1997)

I. 9 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

I. 10 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I. 11 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

I. 12 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

I. 13 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)... 24

I. 14 52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)

I. 15 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (FEB 2012).. 25

I. 16 3452.208-72 PAPERWORK REDUCTION ACT (MAY 2011)

I. 17 52.209-6 PROTECTING THE GOVERNMENT`s INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

I. 18 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB

2012)

I. 19 52.210-1 MARKET RESEARCH (APR 2011)

I. 20 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

I. 21 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

I. 22 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED

COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

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

I. 24 52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2011)

I. 25 52.216-8 FIXED FEE (JUN 2011)

I. 26 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

I. 27 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

I. 28 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I. 29 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

I. 30 52.219-9 II SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)--ALTERNATE II (OCT 2001)

I. 31 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

I. 32 52.222-3 CONVICT LABOR (JUN 2003)

I. 33 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I. 34 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I. 35 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [SEP 2010]

I. 36 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010

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

I. 38 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I. 39 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

PAGE 4 OF 69 ED-IES-12-R-0015

I. 40 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I. 41 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

I. 42 52.224-2 PRIVACY ACT (APR 1984)

I. 43 3452.224-71 NOTICE ABOUT RESEARCH ACTIVITIES INVOLVING HUMAN SUBJECTS (MAY 2011)

I. 44 3452.224-72 RESEARCH ACTIVITIES INVOLVING HUMAN SUBJECTS (MAY 2011)

I. 45 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I. 46 52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987)

I. 47 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (DEC 2007)

I. 48 3452.227-71 ADVERTISING OF AWARDS (MAY 2011)

I. 49 3452.227-73 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED

WITH RESTRICTIVE LEGENDS (MAY 2011)

I. 50 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR 1996)

I. 51 52.230-2 COST ACCOUNTING STANDARDS (OCT 2010)

I. 52 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (OCT 2008)

I. 53 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)

I. 54 52.232-1 PAYMENTS (APR 1984)

I. 55 52.232-11 EXTRAS (APR 1984)

I. 56 52.232-17 INTEREST (OCT 2010)

I. 57 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I. 58 52.232-22 LIMITATION OF FUNDS (APR 1984)

I. 59 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I. 60 52.232-25 PROMPT PAYMENT (OCT 2008)

I. 61 3452.232-70 LIMITATION OF COST OR FUNDS (MAY 2011)

I. 62 52.233-1 DISPUTES (JUL 2002)

I. 63 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I. 64 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I. 65 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

I. 66 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

I. 67 52.242-13 BANKRUPTCY (JUL 1995)

I. 68 3452.242-70 LITIGATION AND CLAIMS (MAY 2011)

I. 69 3452.242-71 NOTICE TO THE GOVERNMENT OF DELAYS (MAY 2011)

I. 70 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH

DISABILITIES (MAY 2011)

I. 71 52.243-1 I CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE I (APR 1984)

I. 72 52.243-2 I CHANGES--COST-REIMBURSEMENT (AUG 1987)--ALTERNATE I (APR 1984)

I. 73 52.244-2 I SUBCONTRACTS (OCT 2010)--ALTERNATE I (JUN 2007)

I. 74 52.245-1 I GOVERNMENT PROPERTY (AUG 2010)--ALTERNATE I (AUG 2010)

I. 75 52.245-9 USE AND CHARGES (AUG 2010)

I. 76 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)

I. 77 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004)

I. 78 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

I. 79 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I. 80 52.249-14 EXCUSABLE DELAYS (APR 1984)

I. 81 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I. 82 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. 1 310-1 REPRESENTATION AUTHORITY (JANUARY 2005)

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K. 2 310-10 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (APRIL 1984)

K. 3 310-16 POST EMPLOYMENT CONFLICT OF INTEREST (MARCH 1985)

K. 4 310-6 DUPLICATION OF COST (MARCH 1985)

K. 5 310-9 APPROVAL OF ACCOUNTING SYSTEM (MARCH 1985)

K. 6 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

K. 7 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

K. 8 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2012)

K. 9 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K. 10 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

K. 11 3452.209-70 CONFLICT OF INTEREST CERTIFICATION (MAY 2011)

K. 12 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K. 13 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2011)

K. 14 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)

K. 15 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K. 16 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K. 17 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OERATIONS IN SUDAN--CERTIFICATION

(AUG 2009)

K. 18 3452.227-72 USE AND NON-DISCLOSURE AGREEMENT (MAY 2011)

K. 19 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2008)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L. 1 PAST PERFORMANCE REPORT

L. 2 INSTRUCTIONS TO OFFERORS

L. 3 307-1 ORDER OF PRECEDENCE (SOLICITATION) (NOVEMBER 1986)

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

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

L. 6 311-7 PROVISION FOR EVALUATION FACTOR AMENDMENTS (MARCH 1986)

L. 7 311-9 COMMENTS ON SMALL BUSINESS REGULATORY ENFORCEMENT(JUNE 1998)

L. 8 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)--ALTERNATE I (OCT

1997)

L. 9 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

L. 10 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES -- IDENTIFICATION OF SUBCONTRACT EFFORT (OCT

2009)

L. 11 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

L. 12 52.233-2 SERVICE OF PROTEST (SEP 2006)

L. 13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

SECTION M EVALUATION FACTORS FOR AWARD

M. 1 312-2 EVALUATION FACTORS FOR PAST PERFORMANCE

M. 2 EVALUATION CRITERIA FOR ECLS-K:2011

M. 3 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

PAGE 6 OF 69 ED-IES-12-R-0015

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 TYPE OF CONTRACT

Total Contract Value:

1) It is estimated that the total value to the Government for full performance of this contract will be

$ TBD.

a) For the Cost Reimbursable tasks, it is estimated that the total cost to the government for the full performance of this contract will be $ TBD of which sum of $TBD represents the following:

Cost - $TBD Fixed Fee - $TBD

b) For the Firm Fixed Price tasks, the total fixed price is $TBD The Government contemplates award of a hybrid contract including both fixed price tasks and cost reimbursement tasks from this solicitation:

Firm Fixed Price Tasks:

Task 1 – Planning and Management -- $TBD Task 2 – Technical and Content Review Panels - $TBD Task 3 – Sample Design - $TBD Task 4 – Sample Track System - $TBD Task 6 – RIMS/OMB Clearance - $TBD Task 7 – Assessment Battery - $TBD Task 9 – Field Test Plans - $TBD Task 11 – Field Test Reports - $TBD Task 16 – Method Reports - $TBD

Cost Reimbursement Tasks:

Task 5 – Sample Tracking - $TBD Task 8 – Non-assess instruments - $TBD Task 10 – Field Tests - $TBD Task 12 –Produce instruments - $TBD Task 13 – Hire and train field staff - $TBD Task 14 – National Collections - $TBD Task 15 – Data File Production - $TBD

B. 2 AVAILABILITY OF FUNDS - TOTAL CONTRACT PRICE

The total price of the contract is $TO BE DETERMINED. Only $TO BE DETERMINED is currently available for the Contract requirement. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

B. 3 301-10 PROVISION FOR PRICING AND PAYMENT (ALTERNATE I) (AUGUST 1985)

The total fixed price of this contract is TO BE DETERMINED . Payment of that amount shall be made in accordance with the incorporated General Provision entitled "Payments" or "Payments under Fixed-Price Research and Development Contracts," whichever is applicable, and with any other supplementary payment scheme which may be otherwise negotiated and specified.

B. 4 301-21 CONTRACT AMOUNT INCREASE/DECREASE (APRIL 1997)

(a) The Government shall have the right to unilaterally increase the not-to-exceed amount of this contract at any time in order to provide sufficient funds to cover the anticipated quantity of services and supplies for the remainder of the contract term. Additional funds will be obligated on appropriate contract modifications signed by the Contracting Officer. Such funding modifications shall state the existing total contract amount, the amount of increased funding, and the new total contract amount.

(b) The Government shall also have the right to unilaterally decrease the amount of this contract in the same manner as above.

PAGE 7 OF 69 ED-IES-12-R-0015

B. 5 301-4 ESTIMATED COST AND FIXED FEE (INCREMENTALLY FUNDED CONTRACTS) (FEBRUARY 1985)

a) It is estimated that the total cost to the Government for full performance of this contract will be TO BE DETERMINED , of which the sum of TO BE DETERMINED represents the estimated reimbursable costs and TO BE DETERMINED represents the fixed-fee (if any). 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 DETERMINED , of which T0 BE DETERMINED represents the limitation for reimbursable costs and TO BE DETERMINED represents the proration of fixed-fee (if any). 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. 6 3452.232-71 INCREMENTAL FUNDING (MAY 2011)

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 costs incurred in excess of the periodic allotments, nor will the contractor be obligated to perform in excess of the amount allotted.

(End of Provision)

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SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 302-2--SCOPE OF WORK

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

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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, CAP-500K, 555 New Jersey Ave, NW Washington, DC 20208-5500,Sharon Masciana, 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; Sharon Masciana, CS

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SECTION E

INSPECTION AND ACCEPTANCE

E. 1 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. 2 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.

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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 June 6, 2012 to June 5, 2017 , 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 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $ per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

F. 5 52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 52.242-15)

F. 6 52.242-15 I STOP-WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984)

(Reference 52.242-15 I)

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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 Attachment D - BILLING INSTRUCTIONS Carbon copy the CS and the COR TBA )

G. 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 Performance Work Statement.

Government Furnished Property: The Department anticipates providing the contractor with the following;

however, please note that this will not all be available at the time of contract award. The Government will determine the need for government property at the time of award.

1. Kindergarten restricted-use data and metadata

2. Kindergarten public-use data

3. 1st grade restricted-use data and metadata

4. 2nd grade restricted-use data and metadata

5. Kindergarten-2nd grade public-use data

6. Kindergarten-3rd grade tracing/tracking data

7. Kindergarten-2nd grade field test data.

The Government may supply some equipment for measuring children#s height and weight. This equipment would be 200 Shorr boards (portable stadiometers for the measurement of child height) and 200 Seca scales (for the measurement of child weight).

The Government will provide hearing screening equipment acquired for the fall second-grade ECLS-K:2011 national data collection if Option 4 (Screening for Auditory Impairments) is awarded. The contractor will be provided with approximately 35 sets of hearing screening equipment purchased for the study for use in the second-grade data collection. To date, each set of hearing screening equipment is

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expected to include one of each of the following: Welch Allyn 3.5 V diagnostic otoscope model 25020 and rechargeable handle model 71000-C, Quest Electronics BA-202-27 bio-acoustic simulator, Grason- Stadler GSI-39 audiometer equipped with Sennheiser HDA-200 circum-aural headphones, and an external USB audio interface (e.g., the E-MU 0204 USB).

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

G. 3 306-1a INVOICE AND CONTRACT FINANCING REQUESTS SUBMISSION (ALTERNATE I) (JAN 2007)

(A) Payments shall be rendered in accordance with the payments clause(s) of the incorporated contract clause section and with those otherwise specified rated or fixed price amounts. (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). Invoices shall be submitted concurrently with the monthly report. Invoices shall only be paid after ED accepts the deliverable.

Invoices will clearly state what deliverable is being paid for.

G. 4 306-8 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 -- PROVIDE THIS INFORMATION IN

YOUR BUSINESS PROPOSAL

G. 5 306-9 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

G. 6 3452.201-70 CONTRACTING OFFICER`s REPRESENTATIVE (COR) (MAY 2011)

(a) The Contracting Officer`s Representative (COR) is responsible for the technical aspects of the project, technical liaison with the contractor, and any other responsibilities that are specified in the contract. These responsibilities include inspecting all deliverables, including reports, and recommending acceptance or rejection to the contracting officer.

(b) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes that affect the contract price, terms, or conditions. Any contractor requests for changes shall be submitted in writing directly to the contracting officer or through the COR. No such changes shall be made without the written authorization of the contracting officer.

(c) The COR`s name and contact information: TO BE ANNOUNCED

(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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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H. 1 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.

The contract(s) will not contain non-recurring prices. Therefore, the Cancellation Ceiling is $0.

H. 2 OPTIONAL TASKS

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The following is a list of optional tasks as referenced in the Performance Work Statement that may be exercised by the Government. The Optional Tasks will follow the contract type of the Core Tasks.

Option 1 – Sample Protections $___________________

Option 2 – Increase in Sample Size, Third Grade Data Collection $___________________

Option 3 – Special Education Teacher Collection $___________________

Option 4 – Hearing and Vision Option $___________________

Option 5 – Student Records Abstract (SRA) $___________________

Option 6 – Family Nutrition and School Meal Programs $___________________

Option 7 – First and Second Grade Wrap Around Care (WECEP) $___________________

Option 8 – First and Second Grade Response to Intervention $___________________

Option 9 – Additional Analytical Weights $___________________

Six month option $___________________

H. 3 301-20 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES (FEB 1995)

The contractor shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 including Section 302, which provides that:

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

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

H. 4 307-12 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. 5 307-19 REDACTED PROPOSALS (DECEMBER 1998)

The contractor shall provide a redacted copy of its successful technical proposal to the Contracting Officer within five (5) days after contract award. The redacted proposal shall be suitable for release by the Government under a Freedom of Information Act (FOIA) request. The redacted proposal shall be submitted in an electronic format that is readable by Microsoft Office applications.

H. 6 307-24 CONSULTANT SERVICES AND CONSENT (APRIL 1986)

The Contractor shall obtain the consent of the Contracting Officer prior to using any consultant on this contract. The Contractor shall determine whether any consultant that is used has in effect an agreement with another Federal agency for similar or like services and, if so, shall notify the Contracting Officer.

FILL IN AT CONTRACT AWARD

H. 7 307-3 DUAL COMPENSATION (MARCH 1985)

If a project staff member, subcontractor, or consultant is involved in two or more projects, at least one of which is supported by Federal funds, he/she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. That is, an individual is prohibited from receiving double payment for any given period of work.

H. 8 307-5 PAYMENT OF TRAVEL EXPENSES AND FEES FOR ED EMPLOYEES (MARCH 1985)

The Contractor shall not use any contract funds, or funds from other sources, to pay the travel expenses of, or a fee to, ED employees for lectures, attending program functions, or any other activities in connection with this contract.

H. 9 316-1 ACCESSIBILITY OF SOFTWARE (OCTOBER 1999)

The Department of Education (ED) considers universal accessibility to information a priority for all its employees and external customers, including individuals with disabilities.

Under Sections 504 and 508 of the Rehabilitation Act of 1973

(29 U.S.C. sections 794 and 794d,as amended), ED must ensure the accessibility of its programs and activities, specifically its obligation to acquire and use accessible electronic and information technology. ED maintains the manual, "Requirements

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for Accessible Software Design," to convey the accessibility needs of the Department to the developers and suppliers of computer applications. To comply with the provisions of this clause, the contractor may use the edition of the ED manual

"Requirements for Accessible Software Design" in effect at the date of award of this contract or any more recent edition.

A copy of the most recent edition of the manual may be found at http://www.ed.gov/fund/contract/apply/clibrary/software.html

(a) Software delivered to or developed for ED--Except as provided in paragraph (b) or (c) of this clause, all software delivered to or developed for ED, under this contract, for use by ED's employees or external customers must meet all the requirements of the ED manual "Requirements for Accessible Software Design." However, in accordance with paragraph (c) of this clause, the contracting officer may waive a particular requirement of the ED Manual, provided that ED's use of the software will meet the requirements of Sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. sections 794 and 794d, as amended).

(b) Software enhanced or modified for ED--Any enhancements and other modifications, made under this contract to software for use by ED's employees or external customers, are subject to the requirements of paragraph (a) of this clause, regardless of where or how the software was first developed. Except as otherwise specified elsewhere in the contract schedule, the contractor is only required to ensure that enhancements or modifications (not other, preexisting features or components) of the software fully comply with the accessibility requirements of paragraph (a).

However, the contractor is encouraged point out any preexisting features or components that do not meet accessibility requirements and to suggest solutions to ensure the software complies.

(c) Waiver of requirements--It is recognized that new technologies may provide solutions that are not envisioned in or consistent with the provisions of the manual "Requirements for Accessible Software Design." Also, compliance with certain requirements of the manual may not be feasible for the particular software required. In such extraordinary circumstances, the contracting officer may grant a waiver, in writing, to any requirement of the manual or of this clause if it furthers a public interest of ED and will not significantly impair ED's ability to ensure accessibility of its programs and activities to all its employees and external customers, including individuals with disabilities. To request a waiver, the contractor shall notify the contracting officer in writing, listing the specific accessibility requirements that would not be met and explaining how the accessibility of a particular feature can be achieved by alternative means or why it is not feasible to make a feature of the software accessible.

(d) Condition of payment--The contractor agrees that compliance with the provisions of this clause upon delivery of the software to ED is a condition of payment under this contract.

H. 10 3452.208-71 PRINTING (MAY 2011)

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Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract; except that performance involving the duplication of fewer than 5,000 units of any one page, or fewer than 25,000 units in the aggregate of multiple pages, shall not be deemed to be printing. A unit is defined as one side of one sheet, one color only (with black counting as a color), with a maximum image size of 10 3/4 by 14 1/4 inches on a maximum paper size of 11 by 17 inches. Examples of counting the number of units: black plus one additional color on one side of one page counts as two units. Three colors (including black) on two sides of one page count as six units.

H. 11 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

(a)

(1) The contractor, subcontractor, employee, or consultant, has certified that, to the best of its knowledge and belief, there are no relevant facts or circumstances that could give rise to an organizational or personal conflict of interest, (see FAR Subpart 9.5 for organizational conflicts of interest), (or apparent conflict of interest) for the organization or any of its staff, and that the contractor, subcontractor, employee, or consultant has disclosed all such relevant information if such a conflict of interest appears to exist to a reasonable person with knowledge of the relevant facts (or if such a person would question the impartiality of the contractor, subcontractor, employee, or consultant). Conflicts may arise in the following situations:

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

(ii) Biased ground rules - A potential contractor, subcontractor, employee, or consultant has worked, in one government contract, or program, on the basic structure or ground rules of another government contract.

(iii) Impaired objectivity - A potential contractor, subcontractor, employee, or consultant, or member of their immediate family (spouse, parent, or child) has financial or other interests that would impair, or give the appearance of impairing, impartial judgment in the evaluation of government programs, in offering advice or recommendations to the government, or in providing technical assistance or other services to recipients of Federal funds as part of its contractual responsibility. "Impaired objectivity" includes but is not limited to the following situations that would cause a reasonable person with knowledge of the relevant facts to question a person`s objectivity:

(A) Financial interests or reasonably foreseeable financial interests in or in connection with products, property, or services that may be purchased by an educational agency, a person, organization, or institution in the course of implementing any program administered by the Department;

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

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

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

(3) In a case in which an actual or potential conflict (or apparent conflict of interest) is disclosed, the Department will take appropriate actions to eliminate or address the actual or potential conflict (or apparent conflict of interest), including but not limited to mitigating or neutralizing the conflict, when appropriate, through such means as ensuring a balance of views, disclosure with the appropriate disclaimers, or by restricting or modifying the work to be performed to avoid or reduce the conflict. In this clause, the term "potential conflict" means reasonably foreseeable conflict of interest.

(b) The contractor, subcontractor, employee, or consultant agrees that if "impaired objectivity", or an actual or potential conflict of interest (or apparent conflict of interest) is discovered after the award is made, it will make a full disclosure in writing to the contracting officer. This disclosure shall include a description of actions that the contractor has taken or proposes to take, after consultation with the contracting officer, to avoid, mitigate, or neutralize the actual or potential conflict (or apparent conflict of interest).

(c) Remedies. The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid the appearance of a conflict of interest. If the contractor was aware of a potential conflict of interest prior to award or discovered an actual

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or potential conflict (or apparent conflict of interest) after award and did not disclose or misrepresented relevant information to the contracting officer, the Government may terminate the contract for default, or pursue such other remedies as may be permitted by law or this contract.

These remedies include imprisonment for up to five years for violation of 18 U.S.C. 1001 and fines of up to $5000 for violation of 31 U.S.C. 3802. Further remedies include suspension or debarment from contracting with the Federal government. The contractor may also be required to reimburse the Department for costs the Department incurs arising from activities related to conflicts of interest.

An example of such costs would be those incurred in processing Freedom of Information Act requests related to a conflict of interest.

(d) In cases where remedies short of termination have been applied, the contractor, subcontractor, employee, or consultant agrees to eliminate the organizational conflict of interest, or mitigate it to the satisfaction of the contracting officer.

(e) The contractor further agrees to insert in any subcontract or consultant agreement hereunder, provisions that conform substantially to the language of this clause, including specific mention of potential remedies and this paragraph (e).

H. 12 3452.215-70 RELEASE OF RESTRICTED DATA (MAY 2011)

(a) Offerors are hereby put on notice that regardless of their use of the legend set forth in FAR 52.215-1(e), Restriction on Disclosure and Use of Data, the Government may be required to release certain data contained in the proposal in response to a request for the data under the Freedom of Information Act (FOIA). The Government`s determination to withhold or disclose a record will be based upon the particular circumstance involving the data in question and whether the data may be exempted from disclosure under FOIA. In accordance with Executive Order 12600 and to the extent permitted by law, the Government will notify the offeror before it releases restricted data.

(b) By submitting a proposal or quotation in response to this solicitation:

(1) The offeror acknowledges that the Department may not be able to withhold or deny access to data requested pursuant to FOIA and that the Government`s FOIA officials shall make that determination;

(2) The offeror agrees that the Government is not liable for disclosure if the Department has determined that disclosure is required by FOIA;

(3) The offeror acknowledges that proposals not resulting in a contract remain subject to FOIA;

and

(4) The offeror agrees that the Government is not liable for disclosure or use of unmarked data and may use or disclose the data for any purpose, including the release of the information pursuant to requests under FOIA.

(c) Offerors are cautioned that the Government reserves the right to reject any proposal submitted with:

(1) A restrictive legend or statement differing in substance from the one required by the solicitation provision in FAR 52.215-1(e), Restriction on Disclosure and Use of Data, or

(2) A statement taking exceptions to the terms of paragraphs (a) or (b) of this provision.

H. 13 3452.216-70 ADDITIONAL COST PRINCIPLES (MAY 2011)

(a) Bid and Proposal Costs. Bid and proposal costs are the immediate costs of preparing bids, proposals, and applications for potential Federal and non-Federal grants, contracts, and other agreements, including the development of scientific, cost, and other data needed to support the bids, proposals, and applications. Bid and proposal costs of the current accounting period are allowable as indirect costs; bid and proposal costs of past accounting periods are unallowable as costs of the current period. However, if the organization`s established practice is to treat these costs by some other method, they may be accepted if they are found to be reasonable and equitable. Bid and proposal costs do not include independent research and development costs or pre-award costs.

(b) Independent research and development costs. Independent research and development is research and development that is not sponsored by Federal and non-Federal grants, contracts, or other agreements. Independent research and development shall be allocated its proportionate share of indirect costs on the same basis as the allocations of indirect costs of sponsored research and development. The costs of independent research and development, including its proportionate share of indirect costs, are unallowable.

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H. 14 3452.224-70 RELEASE OF…