Solicitation__ED-IES-R-14-0046_i3_2014-2016.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-14-R-0046 SEALED BID (IFB)

NEGOTIATED (RFP)

EDOIES-14-000265

EDOIES-14-000265

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 4 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 U.S. Department of Education Contracts and Acquisitions Management Attn: Barakat Shakir, Contract Specialist Telephone. 202-245-6822 until 12:00

PM ET

local time OCT 27, (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

Barakat Shakir

B. TELEPHONE (NO COLLECT CALLS)

202-245-6822

C. E-MAIL ADDRESS

barakat.shakir@ed.gov

11. TABLE OF CONTENTS

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

PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 - 1 X I CONTRACT CLAUSES 38 - 50

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 - 13 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 14 - 14 X J LIST OF ATTACHMENTS 51 - 141

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

X E INSPECTION AND ACCEPTANCE 16 - 16 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER 142 - 158

X F DELIVERIES OR PERFORMANCE 17 - 17 STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 18 - 19 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 159 - 181

X H SPECIAL CONTRACT REQUIREMENTS 20 - 37 X M EVALUATION FACTORS FOR AWARD 182 - 187

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 written 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)

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 2 OF 187 ED-IES-14-R-0046

Evaluation of Investing in Innovation-FY 2014 - FY 2016 Cohorts Base Period: Firm Fixed Price

0001 Period of Performance: December 19, 2014 - February 5,

1.00 SE

Base Period: Cost-Reimbursement Value

0002 Period of Performance: December 19, 2014 - February 5,

0.00 SE

Option Period 1: Firm-Fixed Price

0003 Period of Performance: December 19, 2015 - February 5, Option Period 1: Cost-Reimbursement Value

0004 Period of Performance: December 19, 2015 - February 5, Option Period 2: Firm-Fixed Price

0005 Period of Performance: December 18, 2016 - February 3, Option Period 2: Cost-Reimbursement Value

0006 Period of Performance: December 18, 2016 - February 3, Option Period 3: Firm-Fixed Price

0007 Period of Performance: December 16, 2017 - February 2, Option Period 3: Cost-Reimbursement Value

0008 Period of Performance: December 16, 2017 - February 2, Option Period 4: Firm-Fixed Price

0009 Period of Performance: December 15, 2018 - February 1, Option Period 4: Cost-Reimbursement Value

0010 Period of Performance: December 15, 2018 - February 1, Option Period 5: Firm-Fixed Price

0011 Period of Performance: December 14, 2019 - January 31, Option Period 5: Cost-Reimbursement Value

0012 Period of Performance: December 14, 2019 - January 31, Option Period 6: Firm-Fixed Price (FY 2015 Cohort)

0013 Period of Performance: December 19, 2015 - February 5, PAGE 3 OF 187 ED-IES-14-R-0046

Option Period 6: Cost-Reimbursement Value (FY 2015 Cohort)

0014 Period of Performance: December 19, 2015 - February 5, Option Period 7: Firm-Fixed Price

0015 Period of Performance: December 19, 2016 - February 5, Option Period 7: Cost-Reimbursement Value

0016 Period of Performance: December 19, 2016 - February 5, Option Period 8: Firm-Fixed Price

0017 Period of Performance: December 18, 2017 - February 3, Option Period 8: Cost-Reimbursement Value

0018 Period of Performance: December 18, 2017 - February 3, Option Period 9: Firm-Fixed Price

0019 Period of Performance: December 16, 2018 - February 2, Option Period 9: Cost-Reimbursement Value

0020 Period of Performance: December 16, 2018 - February 2, Option Period 10: Firm-Fixed Price

0021 Period of Performance: December 15, 2019 - February 1, Option Period 10: Cost-Reimbursement Value

0022 Period of Performance: December 15, 2019 - February 1, Option Period 11: Firm-Fixed Price

0023 Period of Performance: December 14, 2020 - January 31, Option Period 11: Cost-Reimbursement Value

0024 Period of Performance: December 14, 2020 - January 31, Option Period 12: Firm-Fixed Price (FY 2016 Cohort)

0025 Period of Performance: December 19, 2016 - February 5, Option Period 12: Cost-Reimbursement Value (FY 2016 Cohort)

0026 Period of Performance: December 19, 2016 - February 5, PAGE 4 OF 187 ED-IES-14-R-0046

Option Period 13: Firm-Fixed Price 0027 Period of Performance: December 19, 2017 - February 5, Option Period 13: Cost-Reimbursement Value

0028 Period of Performance: December 19, 2017 - February 5, Option Period 14: Firm-Fixed Price

0029 Period of Performance: December 18, 2018 - February 3, Option Period 14: Cost-Reimbursement Value

0030 Period of Performance: December 18, 2018 - February 3, Option Period 15: Firm-Fixed Price

0031 Period of Performance: December 16, 2019 - February 2, Option Period 15: Cost-Reimbursement Value

0032 Period of Performance: December 16, 2019 - February 2, Option Period 16: Firm-Fixed Price

0033 Period of Performance: December 15, 2020 - February 1, Option Period 16: Cost-Reimbursement Value

0034 Period of Performance: December 15, 2020 - February 1, Option Period 17: Firm-Fixed Price

0035 Period of Performance: December 14, 2021 - January 31, Option Period 17: Cost-Reimbursement Value

0036 Period of Performance: December 14, 2021 - January 31, Table of Contents

PAGE 5 OF 187 ED-IES-14-R-0046

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 301-3 ESTIMATED COST AND FIXED FEE (APRIL 1984)

B. 2 301-10 PROVISION FOR PRICING AND PAYMENT (ALTERNATE I) (AUGUST 1985)

B. 3 Total Contract Value

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)

E. 3 304-1 INSPECTION AND ACCEPTANCE (FEBRUARY 1985)

SECTION F DELIVERIES OR PERFORMANCE

F. 1 52.242-15 STOP-WORK ORDER (AUG 1989)

F. 2 52.242-15 I STOP-WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984)

F. 3 305-2 REPORT OF CONSULTANTS (MARCH 1986)

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

F. 5 305-6 DELIVERABLES (MARCH 1986)

SECTION G CONTRACT ADMINISTRATION DATA

G. 1 3452.201-70 CONTRACTING OFFICER`s REPRESENTATIVE (COR) (MAY 2011)

G. 2 306-1b Invoice and Contract Financing Requests Submission - IPP (December 2013)

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

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

SECTION H SPECIAL CONTRACT REQUIREMENTS

H. 1 3452.216-70 ADDITIONAL COST PRINCIPLES (MAY 2011)

H. 2 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2012)

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

H. 4 3452.208-71 PRINTING (MAY 2011)

H. 5 3452.208-72 PAPERWORK REDUCTION ACT (MAY 2011)

H. 6 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

H. 7 3452.215-70 RELEASE OF RESTRICTED DATA (MAY 2011)

H. 8 3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAY 2011)

H. 9 3452.224-71 NOTICE ABOUT RESEARCH ACTIVITIES INVOLVING HUMAN SUBJECTS (MAY 2011)

H. 10 3452.227-70 PUBLICATION AND PUBLICITY (MAY 2011)

H. 11 3452.227-71 ADVERTISING OF AWARDS (MAY 2011)

H. 12 3452.227-72 USE AND NON-DISCLOSURE AGREEMENT (MAY 2011)

H. 13 3452.227-73 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED

WITH RESTRICTIVE LEGENDS (MAY 2011)

H. 14 3452.228-70 REQUIRED INSURANCE (MAY 2011)

H. 15 3452.232-70 LIMITATION OF COST OR FUNDS (MAY 2011)

H. 16 3452.237-70 SERVICES OF CONSULTANTS (MAY 2011)

H. 17 3452.237-71 OBSERVANCE OF ADMINISTRATIVE CLOSURES (MAY 2011)

H. 18 Addendum to Clause 3452.237-71

H. 19 3452.242-70 LITIGATION AND CLAIMS (MAY 2011)

PAGE 6 OF 187 ED-IES-14-R-0046

H. 20 3452.242-71 NOTICE TO THE GOVERNMENT OF DELAYS (MAY 2011)

H. 21 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH

DISABILITIES (MAY 2011)

H. 22 3452.243-70 KEY PERSONNEL (MAY 2011)

H. 23 3452.247-70 FOREIGN TRAVEL (MAY 2011)

H. 24 31.205.70 FOOD COSTS

H. 25 31.205.71 TRAVEL COSTS

H. 26 301-20 PROHIBITION OF DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES (FEB 1995)

H. 27 306-10 GOVERNMENT-FURNISHED DATA (APRIL 1984)

H. 28 307-3 DUAL COMPENSATION (MARCH 1985)

H. 29 307-5 PAYMENT OF TRAVEL EXPENSES AND FEES FOR ED EMPLOYEES (MARCH 1985)

H. 30 307-12 CONSENT TO SUBCONTRACT (AUGUST 1998)

H. 31 307-13 DEPARTMENT SECURITY REQUIREMENTS (JUNE 2006)

H. 32 307-15 WITHHOLDING OF CONTRACT PAYMENTS - SECURITY (JUN 2006)

H. 33 307-19 REDACTED PROPOSALS (DECEMBER 1998)

H. 34 307-24 CONSULTANT SERVICES AND CONSENT (APRIL 1986)

H. 35 313.237-72 CLEARANCE OF CONFERENCES/MEETINGS (DECEMBER 2012)

H. 36 316-1 ACCESSIBILITY OF SOFTWARE (OCTOBER 1999)

SECTION I CONTRACT CLAUSES

I. 1 52.202-1 DEFINITIONS (NOV 2013)

I. 2 52.203-3 GRATUITIES (APR 1984)

I. 3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I. 4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I. 5 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

I. 6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

I. 7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I. 8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I. 9 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

I. 10 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

I. 11 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

I. 12 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)... 38

I. 13 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

I. 14 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JULY 2013). 39

I. 15 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

I. 16 52.209-6 PROTECTING THE GOVERNMENT` INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)

I. 17 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY

2013)

I. 18 52.210-1 MARKET RESEARCH (APR 2011)

I. 19 52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)

I. 20 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I. 21 52.216-7 ALLOWABLE COST AND PAYMENT (JULY 2013)

I. 22 52.216-8 FIXED FEE (JUN 2011)

I. 23 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN

2011)

I. 24 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2014)

I. 25 52.219-9 II SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2013)--ALTERNATE II (OCT 2001)

PAGE 7 OF 187 ED-IES-14-R-0046

I. 26 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

I. 27 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013)

I. 28 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

I. 29 52.222-3 CONVICT LABOR (JUN 2003)

I. 30 52.222-17 {52.222-17} NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

I. 31 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I. 32 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I. 33 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. [SEP 2010]

I. 34 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010

I. 35 52.222-37 EMPLOYMENT REPORTS VETERANS (SEP 2010)

I. 36 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I. 37 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2012)

I. 38 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I. 39 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011). 40

I. 40 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

I. 41 52.224-2 PRIVACY ACT (APR 1984)

I. 42 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I. 43 52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)

I. 44 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (DEC 2007)

I. 45 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR 1996)

I. 46 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I. 47 52.230-2 COST ACCOUNTING STANDARDS (MAY 2014)

I. 48 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (MAY 2014)

I. 49 52.232-1 PAYMENTS (APR 1984)

I. 50 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I. 51 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

I. 52 52.232-11 EXTRAS (APR 1984)

I. 53 52.232-17 INTEREST (MAY 2014)

I. 54 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I. 55 52.232-22 LIMITATION OF FUNDS (APR 1984)

I. 56 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I. 57 52.232-25 PROMPT PAYMENT (JUL 2013)

I. 58 52.233-1 I DISPUTES (MAY 2014)--ALTERNATE I (DEC 1991)

I. 59 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I. 60 52.233-3 I PROTEST AFTER AWARD (AUG 1996)--ALTERNATE I (JUN 1985)

I. 61 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I. 62 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

I. 63 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

I. 64 52.242-13 BANKRUPTCY (JUL 1995)

I. 65 52.243-1 I CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE I (APR 1984)

I. 66 52.243-2 I CHANGES--COST-REIMBURSEMENT (AUG 1987)--ALTERNATE I (APR 1984)

I. 67 52.244-2 I SUBCONTRACTS (OCT 2010)--ALTERNATE I (JUN 2007)

I. 68 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAY 2014)

I. 69 52.246-23 LIMITATION OF LIABILITY (FEB 1997)

I. 70 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)

I. 71 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

I. 72 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

I. 73 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I. 74 52.249-14 EXCUSABLE DELAYS (APR 1984)

I. 75 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

PAGE 8 OF 187 ED-IES-14-R-0046

I. 76 3452.208-72 PAPERWORK REDUCTION ACT (MAY 2011)

I. 77 3452.232-70 LIMITATION OF COST OR FUNDS (MAY 2011)

I. 78 3452.242-70 LITIGATION AND CLAIMS (MAY 2011)

I. 79 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH

DISABILITIES (MAY 2011)

I. 80 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I. 81 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I. 82 52.219-25 SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM--DISADVANTAGED STATUS AND

REPORTING (JUL 2013)

I. 83 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC

2010)

I. 84 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (JUL 2013)... 46

I. 85 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I. 86 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

I. 87 52.242-3 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

I. 88 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

I. 89 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I. 90 3452.224-72 RESEARCH ACTIVITIES INVOLVING HUMAN SUBJECTS (MAY 2011)

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

TRANSACTIONS (SEP 2007)

K. 2 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

K. 3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2014)

K. 4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K. 5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

K. 7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)

K. 8 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)

K. 9 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K. 10 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K. 11 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (SEP 2010)

K. 12 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OERATIONS IN SUDAN--CERTIFICATION

(AUG 2009)

K. 13 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (DEC 2012)

K. 14 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (MAY 2012)

K. 15 52.230-7 PROPOSAL DISCLOSURE -- COST ACCOUNTING PRACTICE CHANGES (APR 2005)

K. 16 3452.209-70 CONFLICT OF INTEREST CERTIFICATION (MAY 2011)

K. 17 3452.227-72 USE AND NON-DISCLOSURE AGREEMENT (MAY 2011)

K. 18 310-6 DUPLICATION OF COST (MARCH 1985)

K. 19 310-9 APPROVAL OF ACCOUNTING SYSTEM (MARCH 1985)

K. 20 310-10 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (APRIL 1984)

K. 21 310-16 POST EMPLOYMENT CONFLICT OF INTEREST (MARCH 1985)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PAGE 9 OF 187 ED-IES-14-R-0046

L. 1 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES -- IDENTIFICATION OF SUBCONTRACT EFFORT (OCT

2009)

L. 2 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)--ALTERNATE I (OCT

1997)

L. 3 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

L. 4 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. 5 52.216-1 TYPE OF CONTRACT (APR 1984)

L. 6 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

L. 7 52.233-2 SERVICE OF PROTEST (SEP 2006)

L. 8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L. 9 307-1 ORDER OF PRECEDENCE (SOLICITATION) (NOVEMBER 1986)

L. 10 311-4a BUSINESS PROPOSAL INSTRUCTIONS (AUG 2007)

L. 11 311-5 FORMS CLEARANCE PROCESS (MARCH 1986)

L. 12 311-6 CLARIFICATION QUESTIONS (APRIL 1998)

L. 13 311-7 PROVISION FOR EVALUATION FACTOR AMENDMENTS (MARCH 1986)

L. 14 311-9 COMMENTS ON SMALL BUSINESS REGULATORY ENFORCEMENT(JUNE 1998)

L. 15 314-1 PAST PERFORMANCE REPORT (MAR 1996)

L. 16 3452.239-71 SECURITY REQUIREMENTS (MAY 2011)

L. 17 Instructions to Offerors

SECTION M EVALUATION FACTORS FOR AWARD

M. 1 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M. 2 312-7 EVALUATION FACTORS FOR AWARD (MAY 2004)

M. 3 Technical Evaluation Criteria

PAGE 10 OF 187 ED-IES-14-R-0046

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 301-3 ESTIMATED COST AND FIXED FEE (APRIL 1984)

The estimated cost of this contract is TBD . The fixed fee (if any) is TBD . The total estimated cost and fixed fee is TBD .

B. 2 301-10 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. 3 Total Contract Value

PAGE 11 OF 187 ED-IES-14-R-0046

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

(TBD).

A. The total value of the Base Period is $TBD.

a. The total Fixed-Price value of the Base Period is $TBD.

b. The total Cost-Reimbursement value of the Base Period is $TBD.

B. The total value of Option Period 1 contract is estimated to be $TBD.

a. The total Fixed-Price value of Option Period 1 is $TBD.

b. The total Cost-Reimbursement value of Option Period 1 is $TBD.

C. The total value of Option Period 2 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 2 is $TBD.

b. The total Cost-Reimbursement value of Option Period 2 is $TBD.

D. The total value of Option Period 3 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 3 is $TBD.

b. The total Cost-Reimbursement value of Option Period 3 is $TBD.

E. The total value of Option Period 4 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 4 is $TBD.

b. The total Cost-Reimbursement value of Option Period 4 is $TBD.

F. The total value of Option Period 5 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 5 is $TBD.

b. The total Cost-Reimbursement value of Option Period 5 is $TBD.

G. The total value of Option Period 6 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 6 is $TBD.

b. The total Cost-Reimbursement value of Option Period 6 is $TBD.

H. The total value of Option Period 7 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 7 is $TBD.

b. The total Cost-Reimbursement value of Option Period 7 is $TBD.

PAGE 12 OF 187 ED-IES-14-R-0046

I. The total value of Option Period 8 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 8 is $TBD.

b. The total Cost-Reimbursement value of Option Period 8 is $TBD.

J. The total value of Option Period 9 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 9 is $TBD.

b. The total Cost-Reimbursement value of Option Period 9 is $TBD.

K. The total value of Option Period 10 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 10 is $TBD.

b. The total Cost-Reimbursement value of Option Period 10 is $TBD.

L. The total value of Option Period 11 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 11 is $TBD.

b. The total Cost-Reimbursement value of Option Period 11 is $TBD.

M. The total value of Option Period 12 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 12 is $TBD.

b. The total Cost-Reimbursement value of Option Period 12 is $TBD.

N. The total value of Option Period 13 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 13 is $TBD.

b. The total Cost-Reimbursement value of Option Period 13 is $TBD.

O. The total value of Option Period 14 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 14 is $TBD.

b. The total Cost-Reimbursement value of Option Period 14 is $TBD.

P. The total value of Option Period 15 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 15 is $TBD.

b. The total Cost-Reimbursement value of Option Period 15 is $TBD.

PAGE 13 OF 187 ED-IES-14-R-0046

Q. The total value of Option Period 16 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 16 is $TBD.

b. The total Cost-Reimbursement value of Option Period 16 is $TBD.

R. The total value of Option Period 17 is estimated to be $TBD.

a. The total Fixed-Price value of the Option Period 17 is $TBD.

b. The total Cost-Reimbursement value of Option Period 17 is $TBD.

PAGE 14 OF 187 ED-IES-14-R-0046

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.

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SECTION D

PACKAGING AND MARKING

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

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Ship deliverable items to:

(The name of the Contracting Officer's Representative to be inserted at time of award)

(c) Mark deliverables for: (The name of the Contracting Officer's Representative to be inserted at time of award)

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SECTION E

INSPECTION AND ACCEPTANCE

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

(Reference 52.246-4)

E. 2 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984)

(Reference 52.246-5)

E. 3 304-1 INSPECTION AND ACCEPTANCE (FEBRUARY 1985)

Pursuant to the inspection clause, Section I, final inspection and acceptance of all contracted items shall be made by the Contracting

Officer.

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SECTION F

DELIVERIES OR PERFORMANCE

F. 1 52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 52.242-15)

F. 2 52.242-15 I STOP-WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984)

(Reference 52.242-15 I)

F. 3 305-2 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. 4 305-4 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. 5 305-6 DELIVERABLES (MARCH 1986)

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

Work.

PAGE 18 OF 187 ED-IES-14-R-0046

SECTION G

CONTRACT ADMINISTRATION DATA

G. 1 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 inserted 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.

(End of Clause)

G. 2 306-1b Invoice and Contract Financing Requests Submission - IPP (December 2013)

(a) Payments shall be rendered in accordance with the identified payment schedule(s), and any other incorporated payment clause(s), specified rates, and/or fixed price amounts.

(b) The contractor shall submit invoices electronically by means of the web-based system, Invoice Processing Platform (IPP) that can be accessed at: http://www.ipp.gov/. All submitted invoices must be accompanied by supporting documentation in accordance with the contract's terms and conditions. The supporting documentation shall be submitted in the following formats: Adobe Acrobat (pdf), Microsoft Word (doc), Pictures (jpeg), Microsoft Excel (excel), and Microsoft Outlook message (msg).

(c) Invoice Number Format - The format for the invoice shall be the contract number followed by the invoice number. The invoice number shall have no spaces, dashes, or other special characters. The invoice number cannot exceed 21 characters. Examples of acceptable invoice number formats are as follows:

Example 1, Definitive Contract:

Contract Number: ED-ABC-13-C-1234 Contractor's Invoice No.: 15897126341 IPP Invoice No.: EDABC13C1234158971263 (Note that the "-" characters were removed due to the requirement of not having special characters and the last two digits ["41"] from the contractor's invoice number were removed due to the 21 character limitation)

Example 2, Task/Delivery Order Contract:

Contract Number: ED-CDE-13-A-4567/0001 Contractor's Invoice No.: 158971263 IPP Invoice No.: EDCDE13A4567000115897 (Note that the "/" and "-" characters were removed due to the requirement of not having special characters and the last four digits ["1263"] from the contractor's invoice number were removed due to the 21 character limitation)

(d) If the Contractor has not already established an IPP account that is active, an IPP account will be automatically created on behalf of the Contractor. The automatically created IPP account will be issued to the Designated Primary Administrator, which will be the individual that has been identified in the "Accounts Receivable POC" Section of the Contractor's System for Award Management (SAM) registration located at https://www.sam.gov/portal/public/SAM/.

(e) Within ten (10) business days of the Contractor entering or updating the Accounts Receivable POC information within the Contractor's SAM registration, the Designated Primary Administrator will receive an email from the IPP Customer Support Team containing the Designated Primary Administrator's IPP username. Within 24 hours of receiving the initial email, the Designated Primary Administrator will receive a second email containing their IPP password. Once both emails have been received, the Designated Primary Administrator must log into IPP and complete the registration process.

PAGE 19 OF 187 ED-IES-14-R-0046

(f) The Contractor's Designated Primary Administrator will be authorized to further designate other administrators under the Contractor's IPP account who may submit invoices on behalf of the Contractor.

(g) The Contractor must ensure that the "Accounts Receivable POC" Section of its SAM registration is accurate and up to date.

(h) In the event that an invoice is rejected, the contractor shall make the necessary corrections and resubmit the invoice by means of IPP. Any questions, concerns, or issues regarding the use of IPP should be directed to IPP Customer Support Team, as identified at http://www.ipp.gov/

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

PAGE 20 OF 187 ED-IES-14-R-0046

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H. 1 3452.216-70 ADDITIONAL COST PRINCIPLES (MAY 2011)

(Reference 3452.216-70)

H. 2 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2012)

(a) Definitions. As used in this clause-- "Commercially available off-the-shelf (COTS) item"--

(1) Means any item of supply that is--

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

"Employee assigned to the contract" means an employee who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at

22.1803. An employee is not considered to be directly performing work under a contract if the employee--

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

"Subcontract" means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

"United States", as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall--

(i) Enroll. Enroll as a Federal Contractor in the EVerify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use EVerify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee` assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of--

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section);

or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

PAGE 21 OF 187 ED-IES-14-R-0046

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a));

a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)

(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of--

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor` decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor` MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in EVerify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee--

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that--

(1) Is for--

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

(End of clause)

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

(a) The definitions at FAR 2.101 are appended with those contained in Education Department Acquisition Regulations (EDAR) 3402.101.

(b) The EDAR is available via the Internet at www.ed.gov/policy/fund/reg/clibrary/edar.html.

H. 4 3452.208-71 PRINTING (MAY 2011)

Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding

PAGE 22 OF 187 ED-IES-14-R-0046

Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract; except that performance involving the duplication of fewer than 5,000 units of any one page, or fewer than 25,000 units in the aggregate of multiple pages, shall not be deemed to be printing. A unit is defined as one side of one sheet, one color only (with black counting as a color), with a maximum image size of 10 3/4 by 14 1/4 inches on a maximum paper size of 11 by 17 inches. Examples of counting the number of units: black plus one additional color on one side of one page counts as two units. Three colors (including black) on two sides of one page count as six units.

H. 5 3452.208-72 PAPERWORK REDUCTION ACT (MAY 2011)

(a) The Paperwork Reduction Act of 1995 applies to contractors that collect information for use or disclosure by the Federal government. If the contractor will collect information requiring answers to identical questions from 10 or more people, no plan, questionnaire, interview guide, or other similar device for collecting information may be used without first obtaining clearance from the Chief Acquisition Officer (CAO) or the CAO`s designee within the Department of Education (ED) and the Office of Management and Budget (OMB). Contractors and Contracting Officers` Representatives shall be guided by the provisions of 5 CFR part 1320, Controlling Paperwork Burdens on the Public, and should seek the advice of the Department`s Paperwork Clearance Officer to determine the procedures for acquiring CAO and OMB clearance.

(b) The contractor shall obtain the required clearances through the Contracting Officer`s Representative before expending any funds or making public contacts for the collection of information described in paragraph (a) of this clause. The authority to expend funds and proceed with the collection shall be in writing by the contracting officer. The contractor must plan at least 120 days for CAO and OMB clearance. Excessive delay caused by the Government that arises out of causes beyond the control and without the fault or negligence of the contractor will be considered in accordance with the Excusable Delays or Default clause of this contract.

H. 6 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

(a)

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

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

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

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

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

PAGE 23 OF 187 ED-IES-14-R-0046

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

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

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

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

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

(c) Remedies. The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid the appearance of a conflict of interest. If the contractor was aware of a potential conflict of interest prior to award or discovered an actual or potential conflict (or apparent conflict of interest) after award and did not disclose or misrepresented relevant information to the contracting officer, the Government may terminate the contract for default, or pursue such other remedies as may be permitted by law or this contract.

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

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

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

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

H. 7 3452.215-70 RELEASE OF RESTRICTED DATA (MAY 2011)

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

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

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

(2) The offeror agrees that the Government is not liable for disclosure if the…