SF1449_-_Solicitation_NCES_DATA_LICENSING_AND_INSPECTION_SUPPORT.pdf

RFQ IFB RFP

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

STANDARD FORM 1449 (REV. 3/2011) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

Attachment Page

PAGE 3 OF 49 ED-IES-13-R-0004

Table of Contents

Standard Form (SF) 1449……………………………………………………………...…..1

Contract Clauses………………………………………………………………………….. .6

52.252-2 -- Clauses Incorporated by Reference (February 1998)………….….…………

52.212-4 -- Contract Terms and Conditions -- Commercial Items (February 2012), by reference………………………………………………………………………………….6

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders

-- Commercial Items (January 2013)………………………………………………….…….6

52.216-18—Ordering (Oct 1995)…………………………………………………………..10

52.216-19—Order Limitations (Oct 1995)………………………………………………

52.216-22—Indefinite Quantity (Oct 1995)………………………………………………..11

52.217-8 Option to Extend Services (Nov 1999)…………………………………………..12

52.225-25 Prohibition on Contracting With Entities Engaging In Certain Activities Or

Transactions Relating To Iran--Representation And Certifications (Dec

2012)………………………………………………………………………………………..12

52.217-9 Option to Extend the Term of the Contract (Mar 2000)………………………….13

3417.204 Contracts …………………………………………………………………………13

301-21 Contract Amount Increase/Decrease (April 1997) …………………………………13

302-5a Task Order Procedures……………………………………………………………...14

302-5b Task Order Procedure-Work Requests (May 1997)..…………………….……

305-4 Period of Performance………………………………………………………………..14

306-8 Contract Administrator (FEB 1985)…………………………………………………14

307-19 Redacted Proposals (December 1998)……………………………………………...14

3452.201-70 Contracting Officer’s Representative (COR) (May 2011)………………

3452.202-1 Definitions – Department of Education (May 2011) by reference…………

3452.208-72 Printing (May 2011) by reference…………………………………………….15

3452.209-71 Conflict of Interest (May 2011) by reference……………………………

3452.224-70 Release of information under the Freedom of Information Act (May 2011) by reference……………………………………………………………………………………. 15

3452.227-70 Publication and Publicity (May 2011) by reference…………………………..15

3452.227-71 Advertising of Awards (May 2011) by reference……………………………..15

3452.227-72 Use and Non-Disclosure Agreement (May 2011) by reference………

3452.227-73 Limitations on the use or disclosure of Government-furnished information marked with restrictive legends (May 2011) by reference ………………………………………….15

3452.237-71 Observance of Administrative Closures (May 2011) by reference……

3452.242-71 Notice to the Government of Delays (May 2011) by reference…………..…..15

3452.242-73 Accessibility of Meetings, Conferences, and Seminars to Persons with Disabilities

(May 2011) by reference ……………………………………………………………

306-1a Invoice and Contract Financing Requests Submission (Alternate I) (January

2007)………………………………………………………………………………………..15

Attachments……………………………………………………………………………….16

Attachment A – Performance Work Statement

Attachment B – Quality Assurance Surveillance Plan

PAGE 4 OF 49 ED-IES-13-R-0004

Attachment C – Contractor Performance Information

Solicitation Provisions…………………………………………………………………….17

52.209-7 -- Information Regarding Responsibility Matters (Feburary 2012)……………...17

52.212-1 -- Instructions to Offerors -- Commercial Items (February 2012), by reference (see SF

1449, Block 27a)……………………………………………………………………………18

52.212-2 -- Evaluation -- Commercial Items (January 1999)……………………………

52.212-3—Offeror Representations and Certifications—Commercial Items

(December 2012)……………………………………………………………………………..25

3452.209-70--Conflict of Interest Certification (May 2011)………………………………..42

3452.23-71 Notice to Offerors of Department Security Requirements (MAY 2011)………44

PAGE 5 OF 49 ED-IES-13-R-0004

Contract Clauses

52.252-2 -- Clauses Incorporated by Reference (February 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/Far/ or http://www.ed.gov/policy/fund/reg/clibrary/edar.html.

(End of Clause)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (February 2012), by reference

52.212-5--Contract Terms and Conditions Required to Implement Statutes or Executive

Orders Commercial Items (January 2013)

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

Executive orders applicable to acquisitions of commercial items:

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

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

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements

(Jul 2010) (Pub. L. 111-5).

X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

X (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jan 2012) (41 U.S.C. 2313).

PAGE 6 OF 49 ED-IES-13-R-0004

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section

740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section

745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (11) [Reserved]

_X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)

(15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)

(15 U.S.C. 644).

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

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

X (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

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

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

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

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

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged

Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program—

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657 f).

X (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012)

(15 U.S.C. 632(a)(2)).

__ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (April 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (April 2012) (15 U.S.C. 637(M)).

X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012)

(E.O. 13126).

PAGE 7 OF 49 ED-IES-13-R-0004

X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)

(29 U.S.C. 793).

X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

X (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42

U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal

Computer Products (DEC 2007) (E.O. 13423).

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

X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

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

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov

2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

PAGE 8 OF 49 ED-IES-13-R-0004

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

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

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995)

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

X (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

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

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor

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

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)

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

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

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

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

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

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

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

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

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

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

(Pub. L. 110-247).

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

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially

PAGE 9 OF 49 ED-IES-13-R-0004

terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-

252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)

(29 U.S.C. 793).

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

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

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

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

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

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

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

(xii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

(xiii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)

(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-

6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

PAGE 10 OF 49 ED-IES-13-R-0004

Local Clause 31.205.70 - Food Costs:

No food may be provided under this contract or in association with this contract unless consent is provided below. The cost of food under this contract is unallowable unless the contractor receives written consent from the Contracting Officer prior to the incurrence of the cost. If the contractor wishes to be reimbursed for a food cost, it must make a request in writing at least 21 days prior to the day that costs would be incurred. The contractor shall include in its request the following: the purpose of the event at which the food will be served, why the food is integral to fulfill a government requirement in the contract, and the proposed costs. The lack of a timely response from the Contracting Officer shall not constitute constructive acceptance of the allowability of the proposed charge. Consent is hereby given to the contractor to ______ NOT

ALLOW FOR FOOD COSTS____________.

Local Clause 31.205.71 - Travel Costs:

No invitational travel (defined as: Official government travel conducted by a non-federal employee in order to provide a “direct service” [i.e. presenting on a topic, serving as a facilitator, serving on a Federal Advisory Committee Act, or advising in an area of expertise] to the government) may be provided under this contract or in association with this contract unless consent is provided below. The cost of invitational travel under this contract is unallowable unless the contractor receives written consent from the Contracting Officer prior to the incurrence of the cost. If the contractor wishes to be reimbursed for a cost related to invitational travel, it must make a request in writing at least 21 days prior to the day that costs would be incurred. The contractor shall include in its request the following: why the invitational travel cost is integral to fulfill a government requirement in the contract, and the proposed cost that must be in accordance with federal travel regulations. The lack of a timely response from the

Contracting Officer shall not constitute constructive acceptance of the allowability of the proposed charge. Consent is hereby given to the contractor to _ NOT ALLOW FOR TRAVEL

COSTS __________________.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the base period of performance.

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 1995)

PAGE 11 OF 49 ED-IES-13-R-0004

(a)Minimum order. The minimum number of 3 task orders. When the Government requires supplies or services covered by this contract in an amount or less than $300,000_____, the

Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The maximum number for 75 task orders. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of ___ $5.5million____

(2) Any order for a combination of items in excess of $___ $5.5 million or

(3) A series of orders from the same ordering office within 20 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-

21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the

Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s

PAGE 12 OF 49 ED-IES-13-R-0004

effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after six months.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within 2 months.

52.217-9 Option to Extend the Term of the Contract ((Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.225-25 Prohibition On Contracting With Entities Engaging In Certain Activities Or

Transactions Relating To Iran--Representation And Certifications (Dec 2012)

(a) Definitions. "Person"-- (1) Means-- (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "Sensitive technology"-- (1)

Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic

Powers Act (50 U.S.C. 1702(b)(3)). (b) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror-- (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or

PAGE 13 OF 49 ED-IES-13-R-0004

individuals owned or controlled by, or acting on behalf or at the direction of, the government of

Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran

Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran`s ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran`s

Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.) (see OFAC`s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs

(c)(2) and (c)(3) of this provision do not apply if-- (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

3417.204 Contracts

e) Except as otherwise provided by law, contract periods that exceed the five-year limitation specified in FAR 17.204(e) must be approved by-- (1) The HCA for individual contracts; or (2)

The SPE for classes of contracts.

Further, the Sec.154 of the Act states NCES’ performance of duties as follows:

(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS. — In carrying out the duties under this part, the Statistics Commissioner, may award grants, enter into contracts and cooperative agreements, and provide technical assistance.

(c) DURATION. — Notwithstanding any other provision of law, the grants, contracts, and cooperative agreements under this section may be awarded, on a competitive basis, for a period of not more than 5 years, and may be renewed at the discretion of the Statistics Commissioner for an additional period of not more than 5 years.

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

PAGE 14 OF 49 ED-IES-13-R-0004

(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.

302-5a Task Order Procedures

This clause shall be applicable to all task orders issued under this contract. It is the Government's intent to issue task orders for every task order request. In addition:

(a) Only a Contracting Officer (CO) has the authority to issue a task order under this contract;

(b) This contract is for the use of the U. S. Department of Education (ED);

(c) All task orders are subject to the terms and conditions of the contract. In the event of a conflict between a task order and the contract, the contract shall take precedence;

(d) No work shall be performed and no payment will be made except as authorized by a task order;

(e) The Government intends to use email to the maximum extent practicable for task orders.

Each request for a task order will be sent electronically to the Contractor at the email address specified in their proposal Cover Sheet.

(f) An abstract of each task order will be issued to the Contractor.

(g) Task orders will be issued by the CO in accordance with the procedures specified in this clause;

(h) The contractor will be provided with a Performance Work Statement (PWS), Schedule of

Deliverables, and other additional instructions as needed for each individual task order to be issued under this contract. The tasks are Fixed Price (FP).

(i)Each finalized task order will be signed by the CO as a single party instrument, not requiring the Contractor's signature. The Contractor's acceptance of each task order shall be presumed by its commencement of work called for therein. The Contractor is cautioned to observe the following instructions: (1) If the Contractor finds any task order unacceptable for any reason, it shall contact the CO within 24 hours after receipt of such task order and not begin the work required therein until the problem has been resolved; (2) The Contractor shall not accept any task order that exceeds the "Not-to-Exceed" amount of the contract, or which requires performance beyond the contract completion date, unless approved by the CO; (3) If at any time during the performance of a Firm Fixed Price task order, the Contractor has reason to believe that the total price to the Government to complete the task order will be greater than the authorized amount, the Contractor shall notify the CO. At that time, the Contractor shall provide a revised estimate of the total price for performing the task, supporting reasons, and documentation.

(j) In accordance with the incorporated clause 52.216-22 Indefinite Quantity, the contract will be modified to extend the period of performance solely to allow completion of the task order if the task order was issued within the dates for issuing task orders. An extension of period of

PAGE 15 OF 49 ED-IES-13-R-0004

performance will not extend the date for issuing orders shown in the incorporated clause 52.216-

18 Ordering.

(k) Each finalized task order will contain the following:

1. Project title; 2. Date of award;

3. Contract number;

4. Task order number;

5. Type of task order:

6. Period of performance;

7. Name and address of COR;

8. Name and address of CS;

9. Name and address of Contract Administrator;

10. Name and address of designated billing office;

11. Dollar amount of task order;

12. Shipment and marking of deliverables;

13. Invoice and contract financing requests submission;

14. Key personnel designation

15. The PWS for the task order (the Contractor's proposal for the task order shall be incorporated by reference).

(l) Firm Fixed Price task orders shall include the total firm fixed price, schedule of deliverables, and a corresponding payment schedule. The Government shall pay the Contractor, upon submission of proper invoices, the prices stipulated in the task orders for work delivered or rendered and accepted. Unless otherwise specified, payment shall be made upon acceptance of any portion of the work delivered or rendered for which a price is separately stated in the task order.

302-5b TASK ORDER PROCEDURE-WORK REQUESTS (MAY 1997)

Work Request Procedure Under general technical support tasks, work will be performed through specific "Work Requests" that will be made only by the Contracting Officer. At a minimum, each specific Work Request shall contain the following: 1. A control number 2. A description of the specific work required in relation to the statement of work. 3. A list of the required deliverables.

4. An estimate of the number of hours for each personnel category. 5. Issue Date and Due Date.

The Contractor shall be allowed a maximum of TBD working hours to agree formally to a Work

Request by signing and returning the Work Request document. The contractor shall submit a copy of each Work Request with their invoice to be paid for that request. All Work Requests are subject to the terms and conditions of the specific task order and the contract.

305-4 Period of Performance

The period of performance shall be from TBD to TBD, inclusive of all specified deliveries and/or task work. The estimated Period of Performance is listed below:

Base Period: July 1, 2013 - April 16, 2014

Option Period 1: April 17, 2014 – April 16, 2015

PAGE 16 OF 49 ED-IES-13-R-0004

Option Period 2: April 17, 2015 – April 16, 2016

Option Period 3: April 17, 2016 – April 16, 2017

Option Period 4: April 17, 2017 – April 16, 2018

Renewal Period (Year 6-10): April 17, 2018 – April 16, 2019

April 17, 2019 – April 16, 2020

April 17, 2020 – April 16, 2021

April 17, 2021 – April 16, 2022

April 17, 2022 – April 16, 2023

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 entered at award**

307-19 Redacted Proposals

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.

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 completed at time of award

(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.

3452.202-1--Definitions – Department of Education (May 2011) by reference

3452.208-72—Printing (May 2011) by reference

PAGE 17 OF 49 ED-IES-13-R-0004

3452.209-71--Conflict of Interest (May 2011) by reference

3452.224-70--Release of information under the Freedom of Information Act (May 2011) by reference

3452.227-70 – Publication and Publicity (May 2011) by reference

3452.227-71--Advertising of Awards (May 2011) by reference

3452.227-72--Use and Non-Disclosure Agreement (May 2011) by reference

3452.237-71--Observance of Administrative Closures (May 2011) by reference

3452.242-71--Notice to the Government of Delays (May 2011) by reference

3452.242-73--Accessibility of Meetings, Conferences, and Seminars to Persons with

Disabilities (May 2011) by reference

306-1a Invoice and Contract Financing Requests Submission (Alternate I) (January 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).

(End of Clause)

PAGE 18 OF 49 ED-IES-13-R-0004

Attachments

Attachment A – Performance Work Statement

Attachment B – Quality Assurance Surveillance Plan

Attachment C – Contractor Performance Information

PAGE 19 OF 49 ED-IES-13-R-0004

Solicitation Provisions

52.209-7-- Information Regarding Responsibility Matters (February 2012)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in

(c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central

Contractor Registration database via https://www.acquisition.gov (see 52.204-7).

PAGE 20 OF 49 ED-IES-13-R-0004

(End of provision)

52.212-1 -- Instructions to Offerors -- Commercial Items (February 2012), by reference (see

SF 1449, Block 27a)

Addendum to 52.212-1 – Proposal Instructions

Technical and Business proposals will be evaluated independently; therefore offerors must submit one Technical Proposal and one Business Proposal during the applicable periods of performance. In addition, include in the Business Proposal, the labor costs for the work described in the PWS during the Transition Period separately.

A complete proposal consists of three distinct parts: (1) Technical Proposal, (2) Business

Proposal, (3) Past Performance Report and completed Section K certifications (found in the solicitation document). Offerors shall submit all three parts separately in spiral bound notebooks. The first notebook should contain the Technical Proposal; the second notebook should contain the Business Proposals for Task Order 1, Task Order 2, and Task Order 3 separately priced for the base year (Year 1), each option year (Years 2-5) and the Renewal

Period (Years 6-10), the offeror should also provide pricing for Work Order Requests; and, the third notebook should contain the Past Performance Report. The work performed during the Transition Period should be priced separately from the base year and be included in the Business Proposal.

The technical proposal must not contain reference to cost or price; however, appropriate resource information, such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the technical proposal so that your understanding of the scope of the work may be evaluated. The technical proposal must disclose your technical approach in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the requirements of the technical proposal instructions.

An official authorized to bind your organization must sign the proposal. You must submit the technical proposal electronically to Joseph.Gibbs@ED.GOV in WORD and PDF format and the cost/price proposal as an EXCEL WORKBOOK. In addition, you must submit one original and 3 hard copies of your technical proposal and one original and 3 hard copies of your business proposal. The proposals should be bound in 3-ring binders. Offerors are encouraged to conserve paper by copying double-sided. Offerors are encouraged to submit proposals on recycled paper with a high post-consumer waste content.

All packages must go through the Department’s Mail Room located at:

U.S. Department of Education

Lyndon B. Johnson Building (LBJ)

400 Maryland Avenue, SW

Room BC102

Washington, DC 20202

ATTN: Joseph Gibbs – OCFO-Potomac Center Plaza – Room 7121

PAGE 21 OF 49 ED-IES-13-R-0004

Mail Room Contact information:

Phone number: 202-401-0969

Hours: 7:00 am to 5:00 pm

Hand-delivered copies should be provided to:

Joseph Gibbs, Contract Specialist

U.S. Department of Education

Potomac Center Plaza

550 12th Street, SW, Room 7121

Washington, DC 20202-4230

Telephone number: 202-245-6016

In addition, the Department recommends that the delivery person provide and or obtain a receipt for your proposal that gives the date and time the proposal entered the Federal facility and was accepted.

Proposals are due by 11:00 am ET on May 13, 2013.

FAR Clause 52.212-1, Instructions to Offerors – Commercial Items, shall apply to this submission. The outside of the proposal packaging, the cover of each proposal, and the header of each proposal page should contain the title "NCES Data Licensing and Inspection Support.”

The Government will evaluate proposals in accordance with the evaluation criteria set forth in the Technical Evaluation Criteria of this Request For Proposal (RFP). It is understood that your proposal will become a part of the official contract file. The RFP does not commit the government to pay any cost for the preparation and submission of a proposal. In addition, the

Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition.

The proposal shall list the names and telephone numbers of persons authorized to conduct negotiations, and a statement to the effect that your offer is firm for a period of at least 60 calendar days from the date of receipt of offers specified by the Government. The Department will accept clarification questions until April 22, 2013. All clarification questions must be submitted by 1:00 pm ET. After this date the Department does not guarantee that a response will be given. If an offeror submits a clarification question prior to April 22, 2013 they will not receive a response until all questions have been received by the due date.