DRAFT_FormSF1449.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

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.

DATE . 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. 2/2012)

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

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) 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

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 58 ED-OII-17-R-0029

The purpose of this contract is to provide ongoing training and technical assistance to Promise Neighborhood implementation grantees, aspiring grantees, the field, and the Department.

0001 Base Period

Period of Performance: 10/13/2017 to 10/12/2018

1.00 EA

OPT

0002 Option Period 1

Period of Performance: 10/13/2018 to 10/12/2019

1.00 EA

0003 Option Period 2

Period of Performance: 10/13/2019 to 10/12/2020

0004 Option Period 3

Period of Performance: 10/13/2020 to 10/12/2021

0005 Option Period 4

Period of Performance: 10/13/2021 to 10/12/2022

Table of Contents

PAGE 4 OF 58 ED-OII-17-R-0029

SECTION

. 1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

. 2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

. 3 Addendum to FAR 52.212-1: Instruction to Offerors

. 4 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

. 5 Addendum to FAR 52-212-2: Evaluation Criteria

. 6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

. 7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

. 8 52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)

. 9 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (DEC 2007)

. 10 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

. 11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

. 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

. 13 3452.201-70 CONTRACTING OFFICER`s REPRESENTATIVE (COR) (MAY 2011)

. 14 3452.202-1 DEFINITIONS--DEPARTMENT OF EDUCATION (MAY 2011)

. 15 3452.208-71 PRINTING (MAY 2011)

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

. 17 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

. 18 3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAY 2011)

. 19 3452.227-70 PUBLICATION AND PUBLICITY (MAY 2011)

. 20 3452.227-71 ADVERTISING OF AWARDS (MAY 2011)

. 21 3452.227-72 USE AND NON-DISCLOSURE AGREEMENT (MAY 2011)

. 22 3452.227-73 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED

WITH RESTRICTIVE LEGENDS (MAY 2011)

. 23 3452.237-71 OBSERVANCE OF ADMINISTRATIVE CLOSURES (MAY 2011)

. 24 3452.239-72 DEPARTMENT SECURITY REQUIREMENTS (MAY 2011)

. 25 3452.242-71 NOTICE TO THE GOVERNMENT OF DELAYS (MAY 2011)

. 26 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH

DISABILITIES (MAY 2011)

. 27 3452.243-70 KEY PERSONNEL (MAY 2011)

. 28 306-1b Invoice and Contract Financing Requests Submission - IPP (December 2013)

. 29 307-19 REDACTED PROPOSALS (DECEMBER 1998)

. 30 309-1a LIST OF ATTACHMENTS

. 31 Statement of Work-Attachment A

. 32 Quality Assurance Surveillance Plan- Attachment B

PAGE 5 OF 58 ED-OII-17-R-0029

SECTION

. 1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(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 System for Award Management database at https://www.acquisition.gov (see 52.204-7).

(End of provision)

. 2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-1)

. 3 Addendum to FAR 52.212-1: Instruction to Offerors

PAGE 6 OF 58 ED-OII-17-R-0029

Addendum to 52.212-1

INSTRUCTIONS TO OFFERORS

Promise Neighborhoods Program Technical Assistance for Grant Related Activities and

Performance Data Collection

The Government intends to award one firm fixed price contract for the work outlined in the attached Statement of Work (SOW). The offeror is expected to demonstrate a thorough understanding of the performance objectives, tasks, and requirements specified in the SOW. The proposal should address the requirements in the SOWs and state how the offeror will meet those requirements and shall not simply repeat the language in the SOW. Although the intent of each task is expressly stated in the SOW, it is up to the offeror to propose the most effective method for performing the tasks and the most feasible timeline and dates for all key activities. Offerors are encouraged to exercise independent judgment with respect to the best methods of satisfying all of the objectives identified in the SOW.

The Government intends to award one contract issued to the Contract holder. The Department may award a contract on the basis of the initial proposal received without conducting discussions. Therefore, each initial submitted proposal should contain the Offeror’s best terms from a technical and price standpoint.

It is understood that your proposal will become part of the official contract file; therefore, it will not be returned. The Government is not obligated to pay any cost for the preparation and submission of a proposal. The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this acquisition.

L.10 PROPOSAL INSTRUCTIONS

Each offer shall consist of two separately packaged proposals: (1) a technical proposal, and (2) a business proposal. All information necessary to judge the technical soundness and management capabilities of the offeror will be contained in the technical proposal. The business proposal will contain all information related to the determination of the price associated with each of the project’s tasks. The technical proposal will not contain any reference to specific costs or prices, but resource information (e.g. staff hours) may be included so that the offeror’s understanding of the scope of the work may be evaluated. The authors of each section shall be clearly identified in the proposal’s Table of Contents.

The cover of the proposal and the header of each proposal page should contain the title “Promise Neighborhoods Program Technical Assistance for Grant Related Activities and Performance Data Collection.” The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M

The technical proposal will be limited to a maximum of 70 double-spaced pages using font size no smaller than 12 points. Specifications pertaining to font and spacing do not apply to tables, figures, or exhibits. Any pages over 70 shall not be considered. Please note that all but the cover page, introduction, and table of contents are included in the 70 page limit. The page limit excludes resumes and letter agreements from subcontractor or partners if any. Offerors shall not put substantive materials in the appendix in order to subvert the page limit.

PAGE 7 OF 58 ED-OII-17-R-0029

INSTRUCTIONS TO OFFERORS

Technical Proposal

The technical proposal shall contain:

1. Table of Contents. The proposal should include a Table of Contents as a means of quickly accessing important points of discussion in the proposal.

2. Introduction. The Introduction should briefly describe the offeror’s overall plan for achieving the objectives of this order, the scope of work, intended products, and the applicability of these products to the objectives. Additionally, the introduction shall include a short summary of the offeror’s qualifications and unique strengths relevant to this activity.

3. Technical Approach. The technical proposal shall not simply rephrase the Government's SOW, but rather shall provide convincing rationale to address how the offeror intends to meet the Government’s needs, to include identifying the proposed labor categories, identifying the necessary technical experience required to successfully complete this work, demonstrating understanding of the SOW in terms of concept, purpose, importance, salient operational procedures, inherent problems, and ideas for solutions, and, describing in detail how the offeror will effectively, efficiently, and correctly develop the deliverables within the timeframe identified in the SOW.

As part of this response, interested offerors shall also identify how they intend to address the stated tasks/subtasks in the SOW, their proposed milestone schedule(s), how teaming partners will be utilized (if any), and what is the approach for collecting and analyzing data.

4. Management Approach. The offeror shall provide a description of the organizational structure that includes the appropriate number of hours for each deliverable, the proposed management plan indicating that the work will be timely, effective, and cost-efficient, the amount of time staff members will contribute to the program, the tools/methods used to assess staff productivity is clearly defined, and the necessary resources for each task. Additionally, the offeror shall demonstrate an administrative framework for maintaining quality control over the implementation/operation of the project, ensure that the quality control processes/methods are logical, effective, and ensure high quality materials, ensure that the quality control tools/methods are adequate, logical, and reflect a sound management approach, and the processes described to ensure work products are adequately reviewed. The project requires that the offeror have in place an effective management system that enables tasks to be completed on schedule. This section should describe the specific processes that will be implemented to monitor task progress and quality assurance and how the offeror will coordinate and communicate with OII, and any identified subcontractors.

5. Small Business Subcontracting Plan.

The Department's goal for small business subcontracting is that 31.0% of the value of subcontracts be subcontracted to small businesses, in the following categories:

•Women-owned small business concerns: 5.0%

PAGE 8 OF 58 ED-OII-17-R-0029

INSTRUCTIONS TO OFFERORS

•Small disadvantaged business concerns (8a): 5.0%

•HUB Zone small business concerns: 3.0%

•Veteran Owned small business concerns: 3.0%

•Other small business concerns

(Note: The categories listed above imply no order of preference.)

The Department values subcontracting plans that award substantive work to small businesses more highly than those plans that award menial work or supply line work to small businesses. A meaningful capacity for substantive work includes work other than courier services, office supplies, or travel services. Therefore, a valued approach for this contract will be one which technical, analytical, or significant service is performed by a small business.

Large businesses shall submit a small business subcontracting plan in accordance with FAR 52.219-9 (Alternate II). Offerors shall indicate the work to be performed by small businesses and the percentage of work proposed to be performed by small businesses as a percentage of the total planned subcontracted amount. Offeror shall also state the name of each small business and type of small business concern. Consultant agreements should also be included in the subcontracting plan.

6. Past Performance. The Offeror shall provide examples of Past performance with demonstrated experience in evaluating federal education programs of similar nature and scope as the work described in the Performance Work Statement, including evidence that the Offeror performed the work successfully. Consideration will be given to the Offeror’s past performance and reputation in terms of quality, problem resolution, cost control, timelines, business relations, and customer service—based on documented evidence.

Business Proposal

It is anticipated that this contract shall be awarded as a Firm Fixed Price contract. The staff-loading chart included in the technical proposal shall be consistent with the information provided in the business proposal.

The business proposal shall include the following sections:

1. The business proposal shall provide a complete and separate price build-up for the Promise Neighborhoods (PN) that includes identification of proposed labor categories by named individuals, their functional category, level of effort, effective hourly rate, extended labor price (i.e., labor hours x hourly labor rate), other direct costs (including the identification of any applicable indirect cost and how it is applied to other direct costs), and profit on other direct costs in accordance with the rates incorporated in the contract awarded to your firm. Profit on the labor costs should be embedded in the effective hourly rates proposed, so that the proposed labor rates are “loaded.” The price shall be presented by task and/ subtask. The proposal shall describe any applicable assumptions used to formulate the price build-up and a narrative justification of all costs. Offerors are to justify any indirect rates/other

PAGE 9 OF 58 ED-OII-17-R-0029

INSTRUCTIONS TO OFFERORS

direct costs by explaining what its purpose is and providing evidence of its reasonableness.

2. A summary of price and a grand total for each sub-component and an overall summary of the price and grand total for the entire award.

3. Offerors shall propose and submit a separate payment schedule for each competition based on the deliverable schedule within the Statement of Work (SOW) The offeror shall submit a proposed payment schedule. These should be submitted as separate Microsoft Excel files (or separate sheets in the same Excel file). The individual amounts should add up to the total contract amount. The payment schedule need not reference due dates and can generally follow a simple format such as:

Statement of Work

Description of Payment Trigger (Deliverable or Milestone Achievement)

Payment Amount

Total:

The payment triggers should be based on accomplishments (e.g., submitting a deliverable, or meeting a milestone), as opposed the passage of time (e.g., monthly).

Other Administrative Details The proposal shall include:

• A list of the names and telephones numbers of persons authorized to conduct negotiations and the proposed contract administrator for the award;

• A statement to the effect that the offer is firm for a period of at least 90 calendar days from the date of receipt of offers specified by the Government; and

• The business proposal shall include a Conflict of Interest Certificate (as provided in the contract).

• If subcontractors are proposed, a separate price buildup (by task) should be submitted for each proposed subcontractor, and these prices should also be included in the prime's total firm-fixed price. In the master buildup for the contract, it should be clear which costs are associated with the prime contractor and which costs are associated with subcontractors.

• If subcontractors are proposed, FAR 52.219-14(c) (1) requires that “At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.” The small business primary contractor must perform at least 50% of the labor for the contract, as measured by dollars (not hours).

PAGE 10 OF 58 ED-OII-17-R-0029

INSTRUCTIONS TO OFFERORS

Conflict of Interest Plan

The offeror shall submit a Conflict of Interest plan, providing details on its policies and procedures to identify and avoid potential organizational or personal conflicts of interest (or apparent conflicts of interest). The plan shall also address procedures taken to neutralize or mitigate such conflicts, if they have not been or cannot be avoided. The plan shall indicate that such policies and procedures are operative throughout the period of performance of the contract.

The policies shall address, at a minimum, gifts, outside activities financial interests, or other significant connections or identifications that would establish, or give the appearance of establishing, a conflict of interest. A method for periodically reviewing financial interests of employees, subcontractors and consultants, and their immediate families, in order to assess actual or apparent conflicts of interest shall be included in the plan. In this clause, the term "potential conflict" means reasonably foreseeable conflict of interest.

The thoroughness, completeness and effectiveness of the plan shall be evaluated as part of the offeror’s overall proposal. The plan shall be incorporated into the contract awarded to the successful offeror.

Submission Instructions

All questions in response to this solicitation must be received at or before 11:00 am Eastern Time on October 11, 2017. Questions shall be submitted electronically to the points of contact listed below:

• Colin Alleyne, Contract Specialist (Email: Colin.Alleyne@ed.gov)

• Ryan Battad, Contracting Officer (Email: Ryan.Battad@ed.gov)

The technical and business proposals shall be submitted as separate volumes (see details below) but may be submitted in the same email. The subject line of the email should be “Proposal for ED-OII-15-R-xxx ([Name of Firm]).” Proposals shall be named as follows: (Name of Firm and Proposal Type [Technical or Business]).” The technical and business proposals must be received at or before 11:00 am Eastern Time on October 24, 2017. Proposals shall be submitted electronically to the points of contact listed below:

• Colin Alleyne, Contract Specialist (Email: Colin.Alleyne@ed.gov)

• Ryan Battad, Contracting Officer (Email: Ryan.Battad@ed.gov)

The Department’s email system cannot accept emails larger than 20MB.

The technical proposal and the business proposal must be submitted as separate documents, because the Technical Evaluation Panel is not permitted to view proposal prices while conducting a technical review. When possible, the technical proposal and its appendices should be combined into a single document. Any pages over the described page limits will be redacted from contractor proposals prior to review by the Technical Evaluation Panel. The business proposal shall be submitted MSWord or PDF, but the offeror may also submit supporting Excel documents.

. 4 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

PAGE 11 OF 58 ED-OII-17-R-0029

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: See attachment C

___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

. 5 Addendum to FAR 52-212-2: Evaluation Criteria

PAGE 12 OF 58 ED-OII-17-R-0029

Addendum to 52.212-2

Evaluation Criteria

52.212-2 -- Evaluation -- Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible Contractor(s) whose offer(s) conforms to the solicitation and provides the best value to the Government, price and other factors considered. The following shall be used to evaluate offers:

This is a competitive solicitation utilizing the guidance provided under FAR 15, Contract by Negotiations, in which the Government intends to award a firm-fixed price contract. In addition, the Government intends to make award based on best value, as defined by FAR 15.4, Contract Pricing.

Also, interested Contractors are hereby advised that the Government intends to make award without conducting discussions/negotiations, though it reserves the right to do so, if deemed to be in the best interest of the Government.

The relative importance of the technical approach is more important than past performance and the technical approach and past performance, when combined, will be more important than price. The Contracting Officer (CO)/ Source Selection Official will determine whether the difference in quality is worth the difference in cost or price.

I. Technical Approach

This section must address the following:

• The extent to which the offeror provides a comprehensive plan to assess and address the technical assistance needs of each grantee.

• The extent to which the offeror provides a well-developed solution for reviewing the data collection methods and systems documented by the grantee and ensuring that grantees gain the knowledge and skills to develop an effective case management and longitudinal data system.

• The extent to which the offeror presents a successful solution for reviewing the annual data reports and creating individual and cohort related reports based on the annual data.

• The extent to which the offeror demonstrates the ability to build the organizational and leadership capacity of each grantee.

• The extent the offeror demonstrates it can create a virtual platform for submitting data, reporting data and sharing information among grantees and the broader field;

• The extent the offeror demonstrates it can organize methods of meeting and leading all grantees to share insights, expertise and knowledge to improve the individual and collective resource sharing of Promise Neighborhoods communities.

II. Management Approach

• The extent to which the proposed management plan indicates the work will be performed in a

PAGE 13 OF 58 ED-OII-17-R-0029

timely, effective, and cost-efficient manner.

• The extent to which the proposed quality control processes and methods are logical, effective, and ensure only high quality materials and/or workmanship is accepted.

• The percentage of time each staff member will contribute to the program is appropriate and identified;

• The offeror demonstrates the ability to effectively, efficiently and correctly develop the deliverables within the timeframe proposed.

III. Small Business sub-contracting plan (for large business contractors)

• The extent to which the offeror provides meaningful capacity for substantive work for the small businesses.

• The extent to which the offeror provides at least 50 percent of the cost of performance incurred

IV. Past Performance

Ratings will be determined as follows:

a. Recency – Performance efforts will be evaluated for recency first. To be recent, the effort must have at occurred within the last three (3) years prior to the quote due date. Recency for completed efforts will be based on the last day of performance for the report. For ongoing contract performance, the Government will only consider portions of projects that are completed as of the quote due date and will only be given credit for work actually completed within the anticipated scope.

b. Relevancy: Relevant contracts include performances of efforts involving related works that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. Criteria for relevance are set forth in the table below. In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this RFP. In addition, the Government also reserves the right to adjust overall rating based on the evaluated relevancy of the submitted effort. This is accomplished by assigning one of three relevancy ratings: relevant, somewhat relevant, or not relevant. The relevancy will have an impact on a Offeror’s overall past performance.

RATING DEFINITION

Relevant Present/past performance effort that meets the following criteria: (1)

Similar work performed at a Government (Federal, State, Local) agenc(ies) AND (2) The total value of the effort(s) is at least $11,200,000.000 or 2,300,000 per year

PAGE 14 OF 58 ED-OII-17-R-0029

Somewhat Relevant Present/past performance effort that meets the following criteria: (1) Similar work performed at a Government (Federal, State, Local) agenc(ies) and/or Commercial entities and/or (2) The total value of the effort(s) is less than $11,200,000.00 or 2,300,000 per year

Not Relevant Past/present performance effort that does not meet any of the relevancy categories above.

c. Quality of Performance: Performance efforts that qualify as recent and meet one of the relevancy criteria above (Relevant, or Somewhat Relevant) will be evaluated for Quality of Performance.

Each evaluated effort will receive one of the following six ratings: Blue-Outstanding, Green- Good, White-Neutral Yellow-Satisfactory, Orange-Marginal or Red-Unsatisfactory.

If any or all of the conditions below apply, the Government reserves the right to reduce the rating for that effort:

i. Other sources indicate unfavorable information in regards to that effort

ii. Efforts deemed somewhat relevant

*Note: The Government will take into account the Offerors’ response to any adverse past performance rating given by the respondent(s) before making the determination to reduce the rating for the submitted effort.

Based on the results of the Offeror’s past performance evaluation, the Government will assign the following ratings:

Blue (Outstanding)

The record of past performance is highly favorable, with little or no unfavorable data. It supports the Government’s expectation of outstanding performance and customer satisfaction with very limited risk.

Green (Good)

The record of past performance is more favorable than unfavorable. It supports the Government’s expectation of good performance and customer satisfaction with limited risk.

Yellow (Satisfactory)

The record of past performance is deemed average. It supports the Government’s expectation of satisfactory performance and customer satisfaction with some risk.

White (Unknown)

The record of past performance is unavailable, or the Offeror has NO record of relevant past performance. With this rating, the Offeror is not rated favorably or unfavorably.

Orange (Marginal)

The record of past performance is more unfavorable than favorable. It supports the Government’s expectation of satisfactory performance and customer satisfaction with significant risk.

Red (Unsatisfactory)

The record of past performance is highly unfavorable. It supports the Government’s expectation of unacceptable performance and customer satisfaction with an unacceptable risk.

Proposals will also be rated as “Outstanding”, “Good”, “Acceptable”, or “Unacceptable.” These terms are defined as follows:

PAGE 15 OF 58 ED-OII-17-R-0029

Outstanding: The quote has exceptional merit and reflects an excellent approach which should clearly result in the superior attainment of all requirements and objectives. The quoted approach includes strength(s), and contains no weaknesses, significant weaknesses, or deficiencies. The solutions quoted are considered very low risk in that they are exceptionally clear and precise, fully supported, demonstrate a complete understanding of the requirements, and can be expected to result in outstanding performance.

Good: The quote demonstrates a sound approach which is expected to meet all requirements and objectives. This approach includes strength(s), and may include weaknesses but contains no significant weaknesses or deficiencies. The solutions quoted are considered to reflect low risk in that they are clear and precise, supported, demonstrate a clear understanding of the requirements, and can be expected to result in better than satisfactory performance.

Acceptable: The quote demonstrates an approach which is capable of meeting all requirements and objectives. The approach may have strengths, weaknesses, and significant weaknesses but contains no deficiencies. In addition, the combined advantages outweigh the disadvantages. The solutions quoted are considered to reflect moderate risk in that they are for the most part clear, precise, and supported, demonstrate a general understanding of all the requirements, and can be expected to result in satisfactory performance with minor government intervention.

Unacceptable: The quote demonstrates an approach which will very likely not be capable of meeting all requirements and objectives. This approach has one or more weaknesses, significant weaknesses, and/or deficiencies. Collectively, the advantages and disadvantages are not likely to result in satisfactory performance. The solutions quoted are considered to reflect high risk in that they lack clarity or precision, are unsupported, or indicate a lack of understanding of the requirement.

The following definitions shall be considered when evaluating the proposed solution:

Strength: An element of the quotation which enhances a requirement of the solicitation in a beneficial way to the Department.

Weakness: A flaw in the proposal that increases the likelihood of unsuccessful performance.

Significant Weakness: A flaw in the proposal that appreciably increases the risk of unsuccessful performance.

Deficiency: A material failure of the proposal to meet a Department requirement or a combination of three or more significant weaknesses that increase the likelihood of unsuccessful performance to an unacceptable level.

Price Evaluation

The Government will conduct a price analysis to assess the reasonableness of the Total Price for each Proposal. Since adequate price competition is anticipated, the price analysis will consist of:

• An assessment of labor rates to ensure all quoted rates are equal to or below the Offeror’s approved labor rates incorporated in their contract at the time of award.

• A consideration of the level of effort and proposed labor mix and an assessment of the

PAGE 16 OF 58 ED-OII-17-R-0029

offeror’s business proposal is commensurate with their proposed technical approach.

• An assessment of whether the total price for the task order is fair and reasonable.

If deemed necessary, the Government may conduct additional price analysis techniques.

The award will be made to the Offeror whose proposed solutions represent the best value to the Department. Please note, although price will be an important factor–the non-price factors, when combined, will be more important.

. 6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

PAGE 17 OF 58 ED-OII-17-R-0029

(SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

"Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B.

in the DOL Guidance.

"Civil judgment" means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal.

To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

"DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces` ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

"Economically disadvantaged women-owned small business (EDWOSB)concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan.

It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans` Readjustment Assistance Act of 1972 and the Vietnam Era Veterans` Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"Forced or indentured child labor" means all work or service

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

PAGE 18 OF 58 ED-OII-17-R-0029

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

"Labor laws" means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans` Readjustment Assistance Act of 1972 and the Vietnam Era Veterans` Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/ approved_state_plans.html).

"Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws".

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.

110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

PAGE 19 OF 58 ED-OII-17-R-0029

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"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)).

"Service-disabled veteran-owned small business concern"

(1) Means a small business concern

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by…