RFP.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-0021

SEALED BID (IFB)

NEGOTIATED (RFP)

EDOIES-12-000197

EDOIES-12-000197

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 7 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Attn: Scott Frankel Contracts & Acquisition MGT.

Group D US Department of Education 550 12th St, SW- 7th floor Washington DC 20202-4230 until 2:00

PM ET

local time JUL 09, (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

Scott Frankel

B. TELEPHONE (NO COLLECT CALLS)

202-245-6822

C. E-MAIL ADDRESS

Scott.Frankel@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 98 ED-IES-12-R-0021

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 ESTIMATED COST, FIXED FEE AND AWARD FEE

B. 2 OTHER DIRECT COSTS

B. 3 216-70 AWARD FEE (APR 1984)

B. 4 301-10 PROVISION FOR PRICING AND PAYMENT (ALTERNATE I) (AUGUST 1985)

B. 5 3452.232-71 INCREMENTAL FUNDING (MAY 2011)

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 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 52.242-15 STOP-WORK ORDER (AUG 1989)

F. 5 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. 2 306-1a INVOICE AND CONTRACT FINANCING REQUESTS SUBMISSION (ALTERNATE I) (JAN 2007)

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

G. 4 306-9 PROVISIONAL AND NEGOTIATED FINAL OVERHEAD RATES (OCTOBER 1993)

G. 5 3452.201-70 CONTRACTING OFFICER`s REPRESENTATIVE (COR) (MAY 2011)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H. 1 KEY PERSONEL-STAFFING REQUIREMENTS

H. 2 301-20 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES (FEB 1995)

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

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

H. 5 307-24 CONSULTANT SERVICES AND CONSENT (APRIL 1986)

H. 6 307-3 DUAL COMPENSATION (MARCH 1985)

H. 7 307-5 PAYMENT OF TRAVEL EXPENSES AND FEES FOR ED EMPLOYEES (MARCH 1985)

H. 8 316-1 ACCESSIBILITY OF SOFTWARE (OCTOBER 1999)

H. 9 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

H. 10 3452.215-70 RELEASE OF RESTRICTED DATA (MAY 2011)

H. 11 3452.216-70 ADDITIONAL COST PRINCIPLES (MAY 2011)

H. 12 3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAY 2011)

H. 13 3452.224-72 RESEARCH ACTIVITIES INVOLVING HUMAN SUBJECTS (MAY 2011)

H. 14 3452.227-70 PUBLICATION AND PUBLICITY (MAY 2011)

H. 15 3452.227-71 ADVERTISING OF AWARDS (MAY 2011)

H. 16 3452.227-72 USE AND NON-DISCLOSURE AGREEMENT (MAY 2011)

H. 17 3452.228-70 REQUIRED INSURANCE (MAY 2011)

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

H. 19 3452.239-72 DEPARTMENT SECURITY REQUIREMENTS (MAY 2011)

PAGE 3 OF 98 ED-IES-12-R-0021

H. 20 3452.243-70 KEY PERSONNEL (MAY 2011)

H. 21 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)... 31

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).. 32

I. 16 3452.208-71 PRINTING (MAY 2011)

I. 17 3452.208-72 PAPERWORK REDUCTION ACT (MAY 2011)

I. 18 52.209-6 PROTECTING THE GOVERNMENT`s INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

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

I. 19 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB

2012)

I. 20 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

I. 21 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

I. 22 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I. 23 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

I. 24 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED

COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

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

I. 26 52.215-23 I LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009) ALTERNATE I (OCT 2010)

I. 27 52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2011)

I. 28 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

I. 29 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I. 30 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

I. 31 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

I. 32 52.219-9 II SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)--ALTERNATE II (OCT 2001)

I. 33 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

I. 34 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

I. 35 52.222-3 CONVICT LABOR (JUN 2003)

I. 36 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I. 37 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I. 38 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [SEP 2010]

I. 39 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010

I. 40 52.222-37 EMPLOYMENT REPORTS VETERANS (SEP 2010)

I. 41 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC

2010)

I. 42 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

PAGE 4 OF 98 ED-IES-12-R-0021

I. 43 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

I. 44 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I. 45 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011). 36

I. 46 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

I. 47 52.224-2 PRIVACY ACT (APR 1984)

I. 48 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I. 49 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES

RELATING TO IRAN--REPRESENTATION AND CERTIFICATION (NOV 2011)

I. 50 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)

I. 51 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR 1996)

I. 52 52.230-2 COST ACCOUNTING STANDARDS (OCT 2010)

I. 53 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (OCT 2008)

I. 54 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)

I. 55 52.232-1 PAYMENTS (APR 1984)

I. 56 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I. 57 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

I. 58 52.232-17 INTEREST (OCT 2010)

I. 59 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I. 60 52.232-20 LIMITATION OF COST (APR 1984)

I. 61 52.232-22 LIMITATION OF FUNDS (APR 1984)

I. 62 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I. 63 52.232-25 PROMPT PAYMENT (OCT 2008)

I. 64 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT

2003)

I. 65 3452.232-70 LIMITATION OF COST OR FUNDS (MAY 2011)

I. 66 52.233-1 DISPUTES (JUL 2002)

I. 67 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I. 68 52.233-3 I PROTEST AFTER AWARD (AUG 1996)--ALTERNATE I (JUN 1985)

I. 69 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I. 70 3452.237-70 SERVICES OF CONSULTANTS (MAY 2011)

I. 71 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

I. 72 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

I. 73 52.242-13 BANKRUPTCY (JUL 1995)

I. 74 52.243-1 I CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE I (APR 1984)

I. 75 52.243-2 I CHANGES--COST-REIMBURSEMENT (AUG 1987)--ALTERNATE I (APR 1984)

I. 76 52.244-2 I SUBCONTRACTS (OCT 2010)--ALTERNATE I (JUN 2007)

I. 77 52.245-9 USE AND CHARGES (AUG 2010)

I. 78 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004)

I. 79 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

I. 80 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I. 81 52.249-14 EXCUSABLE DELAYS (APR 1984)

I. 82 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I. 83 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)

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

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

PAGE 5 OF 98 ED-IES-12-R-0021

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

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

K. 6 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2012)

K. 7 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K. 8 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

K. 9 3452.209-70 CONFLICT OF INTEREST CERTIFICATION (MAY 2011)

K. 10 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2008)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L. 1 CONTRACT TYPE

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

L. 3 311-5 FORMS CLEARANCE PROCESS (MARCH 1986)

L. 4 311-6 CLARIFICATION QUESTIONS (APRIL 1998)

L. 5 311-7 PROVISION FOR EVALUATION FACTOR AMENDMENTS (MARCH 1986)

L. 6 314-1 PAST PERFORMANCE REPORT (MAR 1996)

L. 7 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)--ALTERNATE I (OCT

1997)

L. 8 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

L. 9 52.215-20 IV REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED

COST OR PRICING DATA (OCT 2010)--ALTERNATE IV (OCT 2010)

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)

SECTION M EVALUATION FACTORS FOR AWARD

M. 1 TECHNICAL EVALUATION FACTORS FOR AWARD

PAGE 6 OF 98 ED-IES-12-R-0021

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 ESTIMATED COST, FIXED FEE AND AWARD FEE

Estimated Cost, Fixed Fee and Award Fee with (Incrementally Funded Contracts)

(February 1985)

a) It is estimated that the total cost to the government for full performance of this contract will be TBD of which the sum of TBD represents the estimated reimbursable costs, TBD represents the fixed fee, and TBD represents possible award 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 are TBD, of which TBD represents the limitation for reimbursable costs, TBD represents the fixed fee and TBD represents possible award fee (award fee pool will be set aside as funding becomes available).

c) The Contracting Officer may allot additional funds to the contract without concurrence of the Contractor.

PAGE 7 OF 98 ED-IES-12-R-0021

B. 2 OTHER DIRECT COSTS

Unless otherwise stated, the Contractor shall be reimbursed for the actual cost of other direct costs determined to be allowable in accordance with Part 31 of the Federal

Acquisition Regulation and authorized by the Contracting Officer or his designee prior to the contractor incurring the charge. If Travel and Per Diem are authorized they will be reimbursed in accordance with the Federal Travel Regulation (FTR) in effect at the time the travel is authorized by The Department. All travel requirements must be met using the most economical form of transportation available and must be scheduled sufficiently in advance to take advantage of offered discount rates unless waived by the

Contracting Officer. The contractor shall use government contract airfares and other government transportation services whenever possible.

Transportation and travel time of employees from domicile to work places shall not be an allowable cost under this contract. Time required traveling from the contractor’s site or sites to any other site(s) of performance and return shall be considered time spent in performance of this contract.

B. 3 216-70 AWARD FEE (APR 1984)

PAGE 8 OF 98 ED-IES-12-R-0021

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. 4 301-10 PROVISION FOR PRICING AND PAYMENT (ALTERNATE I) (AUGUST 1985)

The total fixed price of this contract is TBD . 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. 5 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)

PAGE 9 OF 98 ED-IES-12-R-0021

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.

PAGE 10 OF 98 ED-IES-12-R-0021

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, National Center for Education Statistics 1990 K St., NW, Washington, DC 20006 ,Scott Frankel 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; Scott Frankel, CS

PAGE 11 OF 98 ED-IES-12-R-0021

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.

PAGE 12 OF 98 ED-IES-12-R-0021

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 TBD to TBD , 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 52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 52.242-15)

F. 5 52.242-15 I STOP-WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984)

(Reference 52.242-15 I)

PAGE 13 OF 98 ED-IES-12-R-0021

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 E Carbon copy the CS and the COR TBA )

G. 2 306-1a 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. 3 306-8 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

G. 4 306-9 PROVISIONAL AND NEGOTIATED FINAL OVERHEAD RATES (OCTOBER 1993)

(a) Pending the establishment of final indirect cost rates, as required by the clause entitled "Allowable Cost and Payment" FAR 52.216-7, the Contractor shall be reimbursed for its indirect costs on the basis of the negotiated provisional, or billing, rates as set forth below. Those rates shall remain in effect until 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. 5 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: TBD

(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 KEY PERSONEL-STAFFING REQUIREMENTS

Staffing Requirements for Design, Analysis and

Reporting (DAR)

Required Knowledge, Skills and Abilities

The contractor shall staff the contract with personnel whose credentials and levels of professional expertise result in the effective and efficient accomplishment of activities included in performance work statement. The contract shall implement personnel policies that will ensure the contract identifies highly qualified candidates for every job including procedures for national advertising (as appropriate), written position descriptions, and systematic review of employee performance to determine retention, salary increases and promotions. The hiring process shall consider all factors relevant to the effectiveness of staff hired including compensation and working conditions encourage maximum performance.

The contractor shall submit the names and qualifications of all key staff, including consultants, to the Contracting Officer for approval.

In general, the contract shall be staffed by Professional Staff. It is understood that various administrative and support staff will also be needed to carry out the performance statement of work.

Senior Professional Staff

This staff category includes Managing Technical Analyst/Task Leader, Senior Research

Analyst.

The Managing Technical Analyst/Task Leader shall have completed a doctoral degree or have been working in a related discipline for at least 6 years. The Task Leader’s experience shall include progressively higher levels of demonstrated management responsibility with a track record of solid accomplishments. The Task Leader shall have a working knowledge of and experience in providing services under the Government’s statutory and regulatory requirements regarding complex contracts. The Task Leader shall be recognized as an expert in the area of assessment, psychometrics, research, and/or development. Senior professional staff shall have knowledge and expertise in using a wide variety of statistical techniques to conduct descriptive as well as multivariate analyses of data, with the education assessment design, analysis, and reporting issues and in development, collection, and analysis of qualitative and descriptive data for educational assessment comparisons.

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Senior Research Analysts oversee the planning for the individual subtasks; identify resources needed and develop plans for work; and manage the day-to-day work and ensure the quality of products when the work is completed. Depending upon the requirements of the project, Senior Analysts may be major participants in carrying out the work or may oversee the work of others (e.g., other contractor staff, subcontractors) employed to do the work. Senior Analysts are expected to have completed a doctoral degree or have worked at least 6 years in a related senior technical position and have demonstrated the ability to produce high quality work within time and resource constraints. Senior Analysts shall be highly qualified and capable of both conducting projects independently and managing projects with multiple staff members. There shall be at least one expert in each of reading, mathematics, science, writing, and social studies subjects (e.g., civics, geography, history) on the staff.

Other Professional Staff

This staff category includes: Research Analysts and Research Assistants.

Mid-Level Analysts and Research Assistants are expected to have completed a master’s degree appropriate to their discipline and have enough experience to be of assistance to

Senior Analysts, including experience or education to understand education and measurement issues and participate meaningfully in assigned projects. Mid-Level Analysts and Research Assistants shall have experience in conducting short-turnaround analyses;

producing statistical tables, charts, and graphs to support more complex analytic work;

preparing literature and data documentation searches and reviews; and producing the results of analyses in clear written form.

Junior Level Analysts and Research Assistants are expected to have completed a bachelor’s degree appropriate to their discipline and to have knowledge necessary to support the work of Senior Analysts, including experience or education to understand education issues and statistical studies. The Junior Level Analyst, as a result of education and/or experience, shall be capable of assisting with literature and data documentation searches and reviews; supporting statistical data analysis activities; and assisting in the preparation of statistical reports including the development of statistical tables, charts, and graphs.

Editors shall have skills necessary to review written reports for grammatical accuracy, clarity of presentation, and consistency with NCES standards. Editors shall have a working knowledge of descriptive and multivariate statistics and their display.

The contractor’s staff shall work with designated NCES staff throughout the conduct of each task. For each task, the contractor shall designate a task leader who will coordinate contractor personnel involved in the task and contractor interaction with the COR. The contractor shall be able to furnish staff that meets the specific requirements of each task.

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All personnel utilized by the contractor shall collectively possess the qualifications to perform all activities.

Staffing Requirements for Item Development (ID)

Staffing Requirements

There are a few specific staffing requirements that NCES requires as part of the Item

Development statement of work. However, as part of the proposal, the offeror shall provide a detailed staffing plan that includes detailed descriptions of the qualifications and experience required for key personnel to carry out the assigned functions.

Background Variables Development

The team leader for these activities must have demonstrated expertise in survey and questionnaire development. This expertise shall include graduate courses related to survey methodology, questionnaire development, and at least five years of experience in survey development and analysis. Knowledge of the issues associated with student achievement and development is also desirable.

Cognitive Item and Scoring Rubric Development

At least one member on each subject area item development team must have a doctoral level degree and/or 5- years demonstrated research experience related to cognitive processing and development in the particular subject area. Experience in the development of assessments in the specific grade levels assessed is also desired.

At least one member of the team must have a doctoral level degree and/or 5-years demonstrated research experience related to the psychometrics of test design and item analyses, subject matter expertise, test item and scoring rubric development.

Translation

At least one member of the translation item development team must have demonstrated expertise and not less than five years’ experience in developing assessments and/or documents to accommodate the needs of Spanish-speaking English language learners at the K-12 levels. This may include, but not be limited to translation/adaptation of assessment items and survey questions, linguistics and knowledge of Hispanic cultures.

Fluency in English and Spanish is required.

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Staffing Requirements for Sampling and Data

Collection (SDC)

Staffing Requirements

The contractor shall maintain a staff that meets or exceeds the following minimum requirements.

Overall Project Director. The project director will have overall responsibility for all aspects of the SDC contract including data collection, systems development, statistical operations, materials development, field staff management, etc. The overall project director for the Sampling and Data Collection contract must have demonstrated expertise in supporting and managing a large-scale national assessment.

Statistical Operations (Sampling and Weighting). The statistical operations team leader must have demonstrated expertise in designing and selecting school and students samples and developing and implementing weighting procedures for a large-scale national assessment. The team leader must have a doctoral degree in statistics (or a related field) and/or demonstrated experience related to sampling and weighting research activities.

HSTS Project Director. The project director for the High School Transcript Study must have demonstrated expertise in coding procedures, data collection, statistical operations and analyses, materials development, field staff management, etc. for a large-scale transcript study.

Staffing Requirements for Web/Technology

Development, Operations and Maintenance (WTC)

Staffing Requirements

AD is strongly committed to maintaining a web presence that is responsive to customer needs, efficiently run, and adaptable to new opportunities available through new technology. The WTC shall provide input into the development of ideas for improving the existing AD websites. The WTC shall provide a corporate vision for the AD web system and shall establish standards that will ensure service and deliverables of the highest quality. Three major functional components are required of the WTC:

Administration, Technology, and Quality Control.

Project Director

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The WTC shall designate a senior person as the Project Director. The Project Director shall have at least three years of senior-level experience managing all phases of a web site lifecycle. The Project Director should have demonstrated good interpersonal skills, especially as relevant for the work across the various AD contractors.

The Project Director will work with the COR to provide updates regarding WTC team activities, schedule and budget updates, and engage in regular interfacing with NCES staff.

Deputy Project Director

The WTC shall designate a senior person as the Deputy Project Director. The Deputy

Project Director shall have at least two years of senior-level experience managing all phases of a web application lifecycle. The Deputy Project Director should provide back-up administration and management to the Project Director and have demonstrated good communication skills, especially as relevant for the work across the various AD contractors. The Deputy Project Director will manage all development aspects of the

AD non-public websites to include IMS, CMS, NAEP Network, etc.

The Deputy Project Director will work with the COR to provide updates regarding

WTC team activities, and engage in regular interfacing with NCES staff.

Technology Team

The WTC shall maintain a staff of web specialists, including web administrators, system scientists, engineers, web designers and web developers. The technology staff shall ensure continuity of service, maintenance of high quality and security standards, and infrastructure. The technology staff shall have the variety of technical skills necessary to help AD capitalize on the power of the Internet and associated hardware/software to meet its dissemination, information collection, and information exchange/collaboration goals. The technology team must reflect demonstrated capacity to work with AD contractors for continuous refinement of the public and private sites and to evaluate and recommend new technologies and products for improving the infrastructure, interface, and functionality of AD websites.

A portion of this team will be assigned membership in the Quick Response Team effort to support ad hoc and expedited completion type requests made from AD staff once approved by the COR.

Quality Control Team

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The WTC shall maintain a staff of quality control specialists including content and applications specialists, technical writer/editors, web designers, multimedia specialists, managers and junior quality assurance specialists. For content, quality control staff members shall closely examine existing and new content to ensure that there are no spelling, tense, or style errors using the AD Web Style Guide; and staff experienced in reporting AD or assessment information shall examine content for errors such as missing data or data that seem inconsistent, improper use of statistical/graphical standards, or unsupported “cause and effect” statements. For applications, quality control staff shall have experience with web languages and programming and have working knowledge of quality assurance methodologies. They shall track measures such as defect counts and densities. They shall conduct in-depth testing of software for applications and for web page navigation according to industry standards, corporate specifications, and the requirements of the COR. Quality assurance staff shall identify and monitor the resolution of functionality issues. Quality control planning and execution is critical to success of the AD program and the WTC shall provide the tools, processes, and personnel to support the quality control activities.

Offeror shall propose a diverse management and staffing plan that ensures continuous, 24 hours per day, 7 days a week service and supports the full range of

NAEP Web activities. Offeror may propose an alternate staffing configuration, should there be efficiencies or improvements towards meeting NAEP’s purposes.

Current permanent staffing includes:

Project Director

Deputy Project Director

Project Managers

Lead Developers

Developers

Systems Development Team Leader

Technical Writers

Training Director

Web Content Editor

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Web Product Managers

Current temporary staffing includes:

Technical Writer/Programmer

Web Designer

Quality Assurance Specialists

Two of the permanent staff (Web Product Managers) are located onsite at NCES.

At a minimum, offeror must identify within each staffing category at least one key staff member, other staff, and any outside consultants who will be employed and assigned to each type of task. Offeror shall provide position descriptions and 2-page resumes for key staff, and shorter resume summaries (1 page) for all other staff and consultants. Where key staff cannot be identified for a task or necessary activity, the offeror shall demonstrate the corporate capacity to apply staff and resources to meet the strict timelines and quality requirements of NAEP.

The offeror shall designate the proposed Project Director and specify the amount of time to be dedicated to the NAEP website system. The offeror shall provide URLs of three web sites, one of which is of similar complexity to NAEP, for which the proposed director had major leadership responsibility.

Offeror shall identify web engineers, database administrators, applications developers, system analysts and programmers in addition to managers and trainers. Offeror shall propose a team leader who shall be designated as key staff and a team of full and part time staff sufficient to meet the needs of the NAEP web sites and include assurances of the ready availability and continuity of part time staff. Offeror shall identify, within each staffing category, at least one key staff member with at least two years of experience or the equivalent in his/her area of expertise, other staff, and any outside consultants who will be employed and assigned to each type of task.

Offeror shall identify the members of their quality control team, including a team leader who shall be designated as key staff and full and part time staff sufficient to meet the needs of the NAEP web sites. Offeror shall demonstrate in their proposals that sufficient full time staff (approximately 35-40 FTEs) is available to provide continuity in content across all NAEP web sites and should include assurances of the ready availability and continuity of part time staff.

H. 2 301-20 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. 3 307-12 CONSENT TO SUBCONTRACT (AUGUST 1998)

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

H. 4 307-19 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. 5 307-24 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.

H. 6 307-3 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. 7 307-5 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. 8 316-1 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. 9 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

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(a)

(1) The contractor, subcontractor, employee, or consultant, has certified that, to the best of its knowledge and belief, there are no…