4 - Solicitation - Profile Creation Support for Cloud-Based Accessibility.pdf

RFQ IFB RFP

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

STANDARD FORM 1449 (REV. 3/2011) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

Attachment Page

PAGE 3 OF 51 ED-OSE-12-R-0054

Solicitation ED-OSE-12-R-0054

Profile Creation Support for Cloud-based Accessibility

Table of Contents

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

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

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

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

Commercial Items (May 2012), by reference..…………………………………………….…

52.227-14 -- Rights in Data—General (Dec 2007), by reference…………………………….

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

Contract Administrator ……………………………………………………………………..

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

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

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

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

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

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

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

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

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

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

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

3452.243-70-- Key Personnel……………………………………………………………….

Period of Performance……………………………………………………………………….

52.216-18 Ordering …………………………………………………………………………

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

52.216-19 Order Limitations………………………………………………………………..

Contract Minimum/Maximum………………………………………………………………

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

52.232-18 Availability of Funds (Apr 1994)…………………………………………………

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

(January 2007)……………………………………………………………………. ………..

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

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

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

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

52.212-3—Offeror Representations and Certifications—Commercial Items

(April 2012) …………………………………………………………………………….

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

List of Attachments……………………………………………………………………….

Attachment A Statement of Objectives …………………………………. ……………….

Attachment B Statement of Objectives – Task Order 1……………………………………

Attachment C Quality Assurance Surveillance Plan……………………………………….

Attachment D Conflict of Interest Plan (to be incorporated at time of award)……………

Attachment E Payment Schedule (to be incorporated at time of award)………………….

Attachment F Pricing Schedule for Future Task Orders (to be incorporated at time of award)…

PAGE 4 OF 51 ED-OSE-12-R-0054

Contract Clauses

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

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

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

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

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

Orders Commercial Items (May 2012)

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

Executive orders applicable to acquisitions of commercial items:

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

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

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

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

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

_X_ (6) 52.209-6, Protecting the Government‘s Interest When Subcontracting with

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

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

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

PAGE 5 OF 51 ED-OSE-12-R-0054

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

(May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

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

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

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

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

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

__ (11) [Reserved]

__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

(15 U.S.C. 644).

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

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

_X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011)

(15 U.S.C. 637(d)(2) and (3)).

_X_ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011)

(15 U.S.C. 637(d)(4)).

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

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

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

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

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

_X_ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

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

PAGE 6 OF 51 ED-OSE-12-R-0054

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

(E.O. 13126).

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

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

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

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

(29 U.S.C. 793).

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

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

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

_X_ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order

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

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

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

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

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

U.S.C. 8259b).

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

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

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

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

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

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

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

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

3805 note,19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

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

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

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (MAY 2012)

(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

Department of the Treasury).

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

5150).

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

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

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

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

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

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

PAGE 7 OF 51 ED-OSE-12-R-0054

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

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

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

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

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41

351,et seq.).

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

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

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

(Pub. L. 110-247).

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

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

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

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

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

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

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

PAGE 8 OF 51 ED-OSE-12-R-0054

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

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010)

(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

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

(iii) [Reserved]

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

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

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

(29 U.S.C. 793).

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

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

351, et seq.).

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

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

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

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

(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause52.226-

6.

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

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

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

52.227-14 Rights in Data—General (Dec 2007) by reference

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

PAGE 9 OF 51 ED-OSE-12-R-0054

in the contract. These responsibilities include inspecting all deliverables, including reports, and recommending acceptance or rejection to the contracting officer.

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

(c) The COR‘s name and contact information: to be completed at time of award

(d) The COR may be changed by the Government at any time, but notification of the change, including the name and address of the successor COR, will be provided to the contractor by the contracting officer in writing.

Contract Administrator

The Contractor shall designate one individual to be contacted during the period of the contract for prompt contract administration.

NAME: ___________________________

TITLE: ___________________________

ADDRESS: ___________________________

TELEPHONE: ___________________________

FAX: ___________________________

EMAIL ADDRESS: ___________________________

Vendors shall provide the above information in their quote.

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

3452.208-72—Printing (May 2011) by reference

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

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

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

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

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

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

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

PAGE 10 OF 51 ED-OSE-12-R-0054

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

Disabilities (May 2011) by reference

3452.243-70-- Key Personnel (May 2011)

(a) The personnel designated as key personnel in this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, or otherwise substituting any other personnel for specified personnel, the contractor shall notify the contracting officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract effort. No diversion or substitution shall be made by the contractor without written consent of the contracting officer; provided, that the contracting officer may ratify a diversion or substitution in writing and that ratification shall constitute the consent of the contracting officer required by this clause. The contract shall be modified to reflect the addition or deletion of key personnel.

(b) The following personnel have been identified as Key Personnel in the performance of this contract:

Labor category Name

[Insert category.] [Insert name.]

(End of Clause)

Period of Performance

The period of performance for Task Order 0001 shall be from September 24, 2012 through

September 23, 2013.

52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 24, 2012 through September 23, 2017.

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

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

302-5a Task Order Procedures (MAY 1997)

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(a) Task orders shall be issued by the Contracting Officer in accordance with the procedures specified in this clause. Task Orders may be issued on either a Fixed Price or Time and Materials basis.

(I) FIXED PRICE TASK ORDERS - Fixed price task orders shall include a schedule of deliverables and corresponding payment schedule. The Government shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in the task orders for work delivered or rendered and accepted. Unless otherwise specified, payment shall be made upon acceptance of any portion of the work delivered or rendered for which a price is separately stated in the task order.

(II) TIME AND MATERIALS TASK ORDERS - Time and materials task orders shall order specific hourly labor applications and otherwise set any necessary special conditions for reimbursable materials use. Hours shall be secured by worker classification and corresponding fixed comprehensive rates of charge (loaded labor rates). Loaded labor rates shall be as specified in the Pricing Schedule. Ordered hours shall serve as ceilings for use for each specified classification under the subject tasks.

(b) Initially, a Statement of Work for a proposed task order will be furnished to the Contractor as well as a request for a technical and cost proposal. The request will state whether the task order is to be fixed price or time and materials. Proposals shall be due 10 working days from the date of request. Technical and cost/price negotiations will be held if necessary. The labor categories, as defined in the Statement of Work and loaded labor rates as listed in the Pricing Schedule, shall be utilized by the Contractor when submitting proposals for task orders. The price for each task order shall be determined based on the estimated level of effort required to perform the work and the rates set forth in the Pricing Schedule.

(c) Each finalized task order will be signed by the Contracting Officer as a single party instrument, not requiring the Contractor's signature. As a minimum, each task order will contain the following:

1. Date of the order;

2. Each task order will be numbered consecutively;

3. Contract number will be indicated on each task order;

4. The COR for each Task Order;

5. Period of performance will be indicated on each task order;

6. The Statement of Work for the task shall be attached and the Contractor's proposal for the task shall be incorporated by reference. In case of a conflict between those, the former shall take precedence.

7. Fixed Price task orders shall include the total firm fixed price, schedule of deliverables and payment schedule.

8. Time and materials task orders shall include the total not-to-exceed amount, authorized hours of labor by labor classification and authorized dollar amounts for labor, materials and materials overhead.

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(d) The contractor's acceptance of each task order shall be presumed by its commencement of work called for therein. If the Contractor finds any task order unacceptable for any reason, it shall contact the Contracting Officer within 24 hours after receipt of such task order and not begin the work required therein until the problem has been resolved.

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

(f) The Contractor will not accept task orders which exceed the not-to-exceed" amount of the contract or which require performance beyond the contract termination date.

(g) If at any time during the performance of a time and materials task order, the Contractor has reason to believe that the total price to the Government to complete the task order will be greater than the authorized amount, the Contractor shall notify the Contracting Officer, giving a revised estimate of the total price for performing the task and giving supporting reasons and documentation. If fewer hours or materials are required, only the hours and materials actually used shall be invoiced.

(h) Invoices for services ordered under task orders shall be listed by task order number and shall include for each task order: For fixed price task orders: Unit prices and quantities for each item for the period billed; the cumulative quantity of items or units for each deliverable; the cumulative amount billed for each item; the cumulative amount for the task order; For time and materials task orders: The number of billable hours by labor category and an itemization of other direct costs; the loaded labor rates; the cumulative quantity of hours for each labor category; the cumulative amount billed for each labor category; the cumulative amount for materials; and the cumulative amount for the task order.

(i) Orders may be placed by electronic commerce methods. Orders may be placed via facsimile with telephone or written confirmation.

(j) In the event any task is so urgent that time cannot be allowed to issue a task order in writing, the Contracting Officer may provide oral authorization for the Contractor to proceed. In such an event, the Contracting Officer will identify the contract number, the task order number, and state the cost. Oral authorization will be confirmed in writing through the issuance of a task order.

(k) In accordance with the incorporated clause 52.216-22 "Indefinite Quantity" or 52.216-21

"Requirements", the contract will be modified to extend the period of performance solely to allow completion of the task order if the task order was issued within the dates for issuing orders.

An extension of the period of performance in accordance with 52.216-22 "Indefinite Quantity" or

52.216-21 "Requirements" will not extend the date for issuing orders shown in the incorporated clause 52.216-18, "Ordering".

(l) Materials use and reimbursement for task orders shall be governed by the incorporated clause entitled "Allowable Cost and Payment" at FAR 52.216-7.

52.216-19 Order Limitations

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(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $1,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the

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

Contract Minimum/Maximum

The minimum amount for this single award contract is [value of Task Order 0001 – to be inserted at time of award] for the full 60-month period of performance. The maximum amount for all task orders awarded during the 60-month period shall not exceed $5,000,000.00.

52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after

September 23, 2017.

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52.232-18 Availability of Funds (April 1994)

Funds are not presently available for this contract. The Government‘s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the

Contractor receives notice of such availability, to be confirmed in writing by the Contracting

Officer.

306-1a Invoice and Contract Financing Requests Submission (Alternate I) (January 2007)

(A) Payments shall be rendered in accordance with the payments clause(s) of the incorporated contract clause section and with those otherwise specified rated or fixed price amounts.

(B) The contractor shall submit invoices electronically as an attachment to a message to

OCFOCAMINVOICING@ED.GOV. The subject area of the message shall contain the invoice number, contract number, and contract specialist's name. The electronic copy of the invoice shall be in a format that is supported by Microsoft Office (Microsoft Word or Excel), or Adobe

Acrobat (.pdf).

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Solicitation Provisions

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

(a) Definitions. As used in this provision—

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

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

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

―Federal contracts and grants with total value greater than $10,000,000‖ means—

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

and

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

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

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

(End of provision)

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

Addendum to 52.212-1 – Proposal Instructions

The Government intends to award an Indefinite-Delivery/Indefinite-Quantity type contract to one vendor. Task Order 1, Feasibility Study, shall be issued to the awardee at time of award.

Proposal Instructions

While the intent of this procurement is spelled out in both Statements of Objectives (SOO), it is up to the offeror to propose the most effective method for meeting the stated objectives. It is important that the offeror completely address all performance objectives described in both SOOs.

Assured results in terms of obtaining and analyzing high quality data, analytical procedures, reporting results, and cost-effectiveness are all of the utmost importance.

The technical proposal should be written in enough detail to allow a review panel to adequately judge its full merits. The panel will not make assumptions or guesses.

Offerors shall use the proposal format described below:

A. Organization of Proposal

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 costs. The technical proposal will not contain any reference to specific costs, 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. Authors of each section will be clearly identified in the proposal‘s Table of Contents.

B. Format/ Content of the Technical Proposal

The technical proposal should be limited to a maximum of 30 double-spaced pages using font size no smaller than 12 points. The page limit includes the narrative, and corresponding tables and graphics. Specifications pertaining to font and spacing do not apply to tables, figures, or exhibits. Any pages over 30 shall not be considered. The page limit excludes the Table of

Contents, resumes, letters agreements from subcontractor or partners, if any, Performance Work

Statement in response to Task Order 0001, and a Schedule of Deliverables. Offerors shall follow the format and content requirements detailed below in preparing their technical proposals.

The technical proposal shall contain:

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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 contract, 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. Different technical approaches may be required, and should be delineated. Approaches chosen must reflect the most current and best expert judgment on disability and technology. The offeror should demonstrate a practical and comprehensive technical approach to fulfill the performance objectives of both SOOs. Offerors shall indicate the name of key personnel assigned to each task.

4. Proposed Key Personnel. The proposed key personnel section should indicate clearly the relationship between staff expertise and experience and proposed task assignment this contract.

Key personnel should demonstrate experience in researching technology for people with disabilities and developing software; evidence of successful work developing previous systems of a similar nature; and knowledge of disability research.

Resumes should be included for all key personnel for this contract, including key personnel from subcontractors. Resumes should document only directly related experience, educational background, publications, and professional activities. All resumes should share a common format and organization. A letter of commitment from all proposed key personnel not currently employed by the offeror should be included. The need for any proposed consultants shall also be fully justified, including how they would contribute to the project. Consultant resumes shall be provided.

If key personnel are unknown at the time of submission, a position description (including job duties, qualifications required, and selection criteria) should be substituted for resumes. Upon review of the resumes, the U.S. Department of Education shall have approval rights of the individuals selected by the contractor to staff the team, including project director. By listing key personnel as part of the proposal this represents a firm commitment by the offeror to use said personnel to carry out the activities in the performance work statement.

5. Experience and Past Performance.

This section should describe the offeror‘s relevant past and current experience designing and developing Web based software, including software that can be modified and extended as requirements evolve. The offeror shall provide evidence to demonstrate that their standing in the community is of an organization of national recognition in the field for quality products and service.

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Brief summaries of such work should be submitted, including the names, current affiliations, and current telephone numbers of appropriate references. Include also (1) vehicle number and type,

(2) funding agency (DOL, HHS, etc.), (3) original dollar value and final dollar value (including options if a contract), (4) original completion date and final (or current) completion date, (5) description of the effort, (6) relevance of this work to this contract, (7) performance experience summary, (8) describe the scope of effort, (9) describe methodology and tools used, (10) describe the challenges in the effort and how they were overcome, and (11) describe why the effort is considered ―successful.‖

It is the responsibility of the offeror to ensure that telephone numbers and points of contact for references are current and accurate. Inability to contact references may figure negatively in any evaluation of past performance. The Government also reserves the right to obtain past performance information from other sources.

6. Management Plan. The offeror should provide a summary description of the management control system that is used internally for planning, scheduling, budgeting, managing, and reporting the accomplishments of this requirement. The offeror must describe how the internal management control system will be applied to the work of outlined in both the base contract and

Task Order 0001‘s Statement of Objectives. The application of the proposed management system should include procedures for controlling expenditures, procedures for controlling the quality of products/ services and procedures for early identification of potential problems in carrying out task activities and their resolution.

In addition to describing the management system, the offeror should present the following information in the process:

Sub-contractual arrangements including the work to be done, responsibilities for tasks, reporting arrangements, and any other terms of the agreement. A letter from the proposed subcontractor delineating the nature of the agreement must be included;

Time commitments, to be expressed in person-hours and shown in tabular form as follows:

Staff Member Task# Total %FTE

The offeror should outline all existing obligations over the period of the contract for staff proposed for the contract, including the percentage of time allotted to existing projects.

The chart shall include a total for each tasks and for the entire contract;

A schedule of task activities and the delivery of products in calendar weeks from the effective date of the contract;

Charts (e.g., GANTT charts) showing the interrelationships of tasks plotted on a time scale.

Provide time for any contractor internal review and clearance procedures as well as department review.

Provide listings of materials or services the offeror expects the department to make available (e.g., data, reports, etc.).

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In summary, the management approach should provide assurance that all tasks can be completed on time, and with a high level of quality. For planning purposes, contract award is planned for

September 2012.

7. Use of Subcontractor and Consultants

Proposals may include plans to subcontract part of the work, provided that evidence is presented that any proposed subcontractor is fully capable of performing the assigned tasks, and that the offeror has effective control of the participation of the subcontractor(s) in the project. Proposal should identify the roles in which consultants should serve on this contract. Letter(s) by proposed subcontractors/consultants indicating willingness to serve, if selected, must be included with the offeror‘s proposal. NO COST INFORMATION SHOULD BE INCLUDED IN THIS SECTION.

8. Performance Work Statement/Schedule of Deliverables

Proposals must include a detailed Performance Work Statement and Schedule of Deliverables in response to Task Order 0001‘s Statement of Objectives (see Attachment B). The Performance

Work Statement shall include a detailed description of the process the offeror plans to complete the objectives set forth in Statement of Objectives. The Schedule of Deliverables shall provide a list of the Deliverables and their due dates proposed in the Performance Work Statement.

Offerors do not need to create a Performance Work Statement in response to the Base Contract‘s

Statement of Objectives (see Attachment A).

C. Organization of the Business Proposal

It is anticipated that this contract shall be awarded as an Indefinite-Delivery/Indefinite Quantity type contract with a 5 year ordering period. Task Order 0001 will be issued at time of award on a time-and-materials basis. The period of performance for Task Order 0001 is 12 months. It is envisioned that future Task Orders will be placed on a firm-fixed price basis. The staff loading chart included in the technical proposal should be consistent with the information provided in the business proposal.

Offerors shall submit a complete cost build-up to include the identification of proposed labor categories by named individuals, level of effort, other direct costs, indirect costs, and profit/fee for Task Order 0001. The costs shall be presented by task and shall include any applicable assumptions used to formulate the cost build-up.

As this contract provides the opportunity for additional work under the Ordering and Task Order

Procedures clauses, offerors shall also propose fixed labor rates for the next five calendar years.

These proposed rates shall be used when/if Task Orders are issued under this contract.

Other Administrative Details:

The proposal shall list the names and telephones numbers of persons authorized to conduct negotiations;

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A statement to the effect that your offer is…