ED-VAE-12-R-0058_Solicitation.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 38 ED-VAE-12-R-0058

Contract Clauses

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

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

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

(End of Clause)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (February 2012), by reference (see SF 1449 block 27a)

52.212-5--Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (August 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 ).

_X_ (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 (Aug 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 4 OF 38 ED-VAE-12-R-0058

__ (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—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

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

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

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

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

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

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

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

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

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

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

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (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 5 OF 38 ED-VAE-12-R-0058

__ (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 (JUL 2012). (Executive Order

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

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii) ). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

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

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

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

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

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

(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 6 OF 38 ED-VAE-12-R-0058

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332 ).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332 ).

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

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

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

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351 , et seq.).

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

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

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

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

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

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

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

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

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7 , Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially 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 7 OF 38 ED-VAE-12-R-0058

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 (JUL 2012).

(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 clause 52.226- 6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.217-2 – Cancellation Under Multi-year Contracts (October 1997), by reference

52.227-14 –Rights in Data – General (December 2007), by reference

52.232-18 – Availability of Funds (April 1984), by reference

PAGE 8 OF 38 ED-VAE-12-R-0058

52.232-99 – Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) (August 2012), 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 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.

(End of Clause)

3452.202-1--Definitions – Department of Education (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 (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

PAGE 9 OF 38 ED-VAE-12-R-0058

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) 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).

Incremental Funding

Sufficient funds are not presently available to cover the total cost of the complete project described in this solicitation. However, it is the Government's intention to negotiate and award a contract using incremental funding. Initial funds will be obligated under the contract to cover an estimated base performance period. Additional funds are intended to be allotted to the contract by contract modification, up to and including the full estimated cost of the entire period of performance. This intent notwithstanding, the Government will not be obligated to reimburse the contractor for costs incurred in excess of the periodic allotments, nor will the contractor be obligated to perform in excess of the amount allotted.

Cancellation Ceiling The cancellation ceiling will be determined at time of award.

Food Cost

No food may be provided under this contract or in association with this contract. The cost of food under this contract is unallowable unless the contractor receives written consent from the Contracting Officer prior to the incurrence of the cost. If the contractor wishes to be reimbursed

PAGE 10 OF 38 ED-VAE-12-R-0058

for a food cost, it must make a request in writing at least 21 days prior to the day that costs would be incurred. The contractor shall include in its request the following: the purpose of the event at which the food will be served, why the food is integral to fulfill a government requirement in the contract, and the proposed costs. The lack of a timely response from the Contracting Officer shall not constitute constructive acceptance of the allowability of the proposed charge.

Travel Costs

No invitational travel (defined as: Official government travel conducted by a non-federal employee in order to provide a “direct service” [i.e. presenting on a topic, serving as a facilitator, serving on a Federal Advisory Committee Act, or advising in an area of expertise] to the government) may be provided under this contract or in association with this contract unless consent is provided below. The cost of invitational travel under this contract is unallowable unless the contractor receives written consent from the Contracting Officer prior to the incurrence of the cost. If the contractor wishes to be reimbursed for a cost related to invitational travel, it must make a request in writing at least 21 days prior to the day that costs would be incurred. The contractor shall include in its request the following: why the invitational travel cost is integral to fulfill a government requirement in the contract, and the proposed cost that must be in accordance with federal travel regulations. The lack of a timely response from the Contracting Officer shall not constitute constructive acceptance of the allowability of the proposed charge. Consent is hereby given to the contractor for Task 1 kick-off meeting, Task 2 three Technical Working Group (TWG) meetings, Task 3 twi meetings regarding the Theoretical Framework and Technical Assistance (TA) Implementation Plan, Task 5 site visits and Task 6 presentations at three national meetings.

PAGE 11 OF 38 ED-VAE-12-R-0058

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 at http://www.ccr.gov (see 52.204-7).

(End of provision)

52.212-1 -- Instructions to Offerors -- Commercial Items (February 2012), by reference (see SF 1449, Block 27a)

Addendum to 52.212-1 – Proposal Instructions

The Government intends to award a performance based firm fixed-price for the development of immigrant integration models, delivery of technical assistance and dissemination of lessons learned through Adult Education and Immigrant Integration sought by the Office of Vocational and Adult Education (OVAE) that operates under the U.S. Department of Education (Department). The Department intends to enter into a contract with a vendor for this requirement through a full and open competition. This work will support OVAE in its charge to enhance the quality of adult education and literacy programs nationwide, consistent with the Title II, AEFLA, of the Workforce Investment Act of 1998, Public Law 105-220, Section 243, National Leadership Activities.

The offeror is expected to show a thorough understanding of the proposed tasks as specified in the Performance Work Statement (PWS). The proposal should address the requirements in the PWS, not simply repeat the language.

The proposal should be written in enough detail so that a review panel can adequately judge its full merits.

Although the intent of each task is spelled out in the scope of work, it is up to the offeror to propose the most effective method for carrying out 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 attaining the objectives of this contract.

The technical proposal should be limited to a maximum of 30 double-spaced pages using 12 point font. Specifications pertaining to font and spacing do not apply to tables, figures, or exhibits. Any pages over 30 shall not be considered. Offerors shall not put substantive materials in the appendix in order to subvert the page limit. The page limit on the proposal excludes resumes and letters agreements from subcontractor or partners if any.

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 associated with each of the

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project’s tasks. 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. Organization of the 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 and list main authors of each section.

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 This section should fully describe the technical and theoretical approach the offeror shall employ in complying with the Performance Work Statement. While a general statement of strategy is appropriate, procedures should be specific with regard to each task, and should reflect efficient utilization of the offeror's resources. The applicant shall identify potential and/or anticipated problems, and suggest proposed variations in the design of the work that may facilitate successful completion of the scope of work’s tasks and objectives.

The offeror is expected to demonstrate a thorough understanding of immigrant integration within adult education contexts with populations of both low-skilled and high-skilled immigrants.

This is to be evidenced by the applicant’s ability to demonstrate its organizational capacity and ability to carry out all phases of work associated with all activities stated in the PWS.

Theoretical Framework The offeror shall describe in detail its holistic approach to developing an evidence-based and theoretically well-grounded Theoretical Framework for the provision of services for immigrant integration. The successful offeror shall provide an appropriate literature review that addresses the three pillars of immigrant integration that will include and integrate instructional practices that represent the promising practices in the field.

The offeror shall describe its approach for developing an approach for the recruitment, intake, counseling, monitoring and retention of immigrant learners. The offeror shall describe its approach for developing a plan for staff professional development. For both sections of the Framework, the offeror shall describe how it will ensure that they will be based in promising practices, how they are innovative, how they represent components of an integration model, and how they take into consideration the possible variations in sites.

Technical Assistance (TA) Implementation Plan

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The applicant shall describe in detail its approach to developing a Technical Assistance (TA) Implementation Plan that will guide the coordination and implementation of the technical assistance given to the sites. The offeror shall demonstrate the steps that will be taken to ensure a process for identifying the needs of participating sites, engaging the sites and strengthening the sites’ capacity to provide integrative services. The offeror shall also demonstrate a clear process for defining the roles and responsibilities of the contractor, sites, and the partners throughout the project.

Site Recruitment and Selection Plan The offeror shall also describe in detail its approach to developing a plan for recruitment and selection of sites to receive the technical assistance. The offeror shall describe its process for creating outreach, recruitment and selection strategies that will yield sites that are representative of the target population.

Delivery, Documentation and Dissemination Plan The technical proposal shall include detailed description of the plan for overseeing the implementation of the technical assistance to each site, how it plans to oversee and manage the sites, and a description of how it plans to work with sites in data collection. The description may draw on best practices of provision of technical assistance to multiple sites.

4. Proposed Key Staff The offeror is expected to demonstrate a thorough understanding of immigrant integration and adult education. This is to be evidence by the depth and breadth of knowledge and experience of immigrant integration and adult education held by its key personnel, including the project management staff. The Project Director shall clearly demonstrate both content area expertise as well as management experience. Key personnel are defined as individuals who contribute to the execution of the project in a substantive, measurable way. Sub-contractors and consultants should also be included if they meet the definition of key personnel.

The offeror shall propose a team and subject matter experts that have appropriate knowledge, skills, abilities, and relevant past accomplishments to support ED’s goals and objectives for this project. The offeror shall also document that proposed staff has existing knowledge of the context and issues of adult education and immigrant integration. The proposed key staff should clearly indicate their expertise and leadership in the field as evidenced by relevant advanced degrees from accredited institutions of higher education; years of experience working directly with the target population as a teacher or counselor; evidence of increasing levels of responsibility working with programs and projects geared toward the target population as, for example, a program director, teacher trainer, counselor, coordinator, or researcher; titles and venues of professional presentations and scholarly publications; years of work for and/or with the target population, and experience in performing work of similar size and scope to that outlined in the PWS.

The proposed key staff section should indicate clearly the relationship between past staff experience and their proposed task assignment for this contract.

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Resumes should be included for all key staff for this contract, including key staff from subcontractors. Resumes should document only directly related experience, educational background, publications, and professional activities. Resumes should document only substantial professional experience related to the tasks that the individual will perform for this PWS, rather than experience or positions held for short periods of time. All resumes should share a common format and organization. A letter of commitment from all proposed consultants and key staff 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.

OVAE, upon review of the resumes, shall have approval rights of the individuals selected by the contractor to staff the team, including project director. Listing key personnel as part of the proposal 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 in conducting projects of a similar or comparable nature, demonstrating an understanding of immigrant integration within adult education contexts and with low-skilled and high-skilled immigrants.

The offeror shall clearly describe the firm’s past performance specifically with immigrant integration, such as research undertaken and disseminated, projects completed, models designed, tools created, and/or technical assistance provided. Brief summaries of such work should be submitted, including the names, current affiliations, and current telephone numbers appropriate references. Include also (1) vehicle number and type, (2) funding agency (DOL, HHS, State, 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 this proposal as specified in the Evaluation Criteria. 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.

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

• Sub-contractual arrangements including the work to be done, responsibilities for tasks, reporting arrangements, and any other terms of the agreement;

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

Staff Member Task numbers Total %FTE

% time on other

Federal Projects

% time on non-Federal

Projects

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 task 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; and

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

In summary, the management approach should provide assurance that all tasks can be completed on time, and with a high level of assured quality. For planning purposes, contract award is planned for January 2013.

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 consultant 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.

Please note the Department values an approach where substantive work in a meaningful capacity is performed by small businesses more highly than an approach which only menial work or supply line work is performed by 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.

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The offeror should state the work to be performed by a small business and the percentage of work proposed to be performed by a small business. The offeror should also state the name and category of the small business.

C. Organization of the Business Proposal

It is anticipated that this contract shall be awarded as Performance-based Firm Fixed Price. 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.

The costs shall be presented by task and shall include any applicable assumptions used to formulate the cost build-up.

Offerors shall submit a complete cost build-up for each meeting set forth in the PWS to include all planning costs, travel, all logistic costs and post meeting costs.

The anticipated level of effort for this requirement is 6,363 hours.

Multi-year Contracting: This 36-month requirement is considered a multi-year contract (see FAR 17.1, Multi-year contracting). Therefore, the following applies:

• All program years except the first are subject to cancellation.

• In accordance with 17.106-1, all offerors shall include a separate cancellation ceiling formula based on a percentage or dollar basis for years 2 (two) and 3 (three) of the requirement, which shows the costs associated with a cancellation for each year. The provided formula is subject to negotiations. The following table can be used:

Period 36 Month

Price

Percentage of Total

Price

Percentage of Costs

Cancellation Costs per

Year

Total Cancellati on

• The cancellation ceiling shall not be an evaluation factor.

• FAR clause 52.217-2, Cancellation under Multi-year Contracting, will be included in the award.

Other Administrative Details:

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

• A statement to the effect that your offer is firm for a period of at least 60 calendar days from the date of receipt of offers specified by the Government;

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• A payment schedule based on the tasks and deliverables set forth in the PWS;

• The business proposal shall include a Small Business Subcontracting Plan (if other than a small business);

• The business proposal shall include a Conflict of Interest Plan and Certificate.

Small Business Subcontracting Plan: The Department's goal for small business subcontracting is that 43.5% of all subcontracting be subcontracted to small businesses, in the following categories:

• Women-owned small business concerns (5%),

• Small disadvantaged business concerns (8a) (5%),

• HUB Zone small business concerns (3%),

• Veteran Owned small business concerns (3%), and

• Other small business concerns.

The Department values subcontracting plans which award substantive work to small businesses more highly than those plans which 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.

Other than small businesses shall submit a plan in accordance with FAR 52.219-9 (Alternate II).

Offerors shall state the work to be performed by a small business and the percentage of work proposed to be performed by a small business as a percentage of the total subcontracted amount.

The offeror shall also state the name of the small business and type of small business concern.

Consultants’ agreements should be included in the subcontracting plan.

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 personnel conflicts of interest (or apparent conflict of interest). The Plan should also address procedures taken to neutralize or mitigate such conflicts, if they have not been or cannot be avoided. The Plan should indicate that such policies and procedures are operative throughout the period of 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 should be included in the plan. 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 will be incorporated into the contract or task order awarded to the successful offeror.

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• Instructions for Submitting Proposals

The two separately packaged proposals should be submitted electronically as separate documents (MS Word or PDF format) to Sara.Steinberger@ed.gov and Cynthia.Duncan@ed.gov no later than 12:00 PM on November 16, 2012. Incoming electronic attachments have a file size limitation of 30 MB.

• Questions

Clarification questions regarding this solicitation should be sent by e-mail to Sara.Steinberger@ed.gov, with a copy to Cynthia.Duncan@ed.gov, no later than 12:00 PM on October 22, 2012.

(End of Addendum)

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

(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. Although price is an important factor, technical merit is significantly more important than price. As technical merit becomes more equal, price will become a more significant factor. The Contracting Officer will determine whether any difference in technical merit is worth the difference in price. The following factors shall be used to evaluate offers:

(b) Evaluation Criteria

Evaluation Criteria Total Points

1. Technical Approach

A. Soundness of Framework (15 points)

B. Soundness of TA Implementation Plan (10 points)

C. Soundness of Site Recruitment & Selection Plan (10 points)

D. Soundness of Delivery, Documentation and Dissemination Plan (15 points)

2. Qualifications of Key Staff 20

3. Experience and Past Performance 20

4. Quality of Management Plan 10

5. Small Business Participation 10

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TOTAL 110

1. Technical Approach ?(50 points)

A. Soundness of the Theoretical Framework?(15 points) The extent to which the proposal demonstrates a solid grasp of the theoretical and empirical research base in immigrant integration. (5 points)

The extent to which the proposal provides ample evidence that the Theoretical Framework contains curricular components and instructional practices that are well-grounded in the appropriate and relevant theoretical and research literature in the field. (5 points)

The extent to which the proposal…