ED-VAE-13-R-0032.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 69 ED-VAE-13-R-0032

Table of Contents

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

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 (January 2013)..……………………………………………….……

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

52.232-99 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)

(August 2012)......................…………………………………………………………………

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

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

3452.208-71 Printing (Mar. 2011) by reference……………………………………………

3452.208-72 Paperwork Reduction Act (Mar. 2011) by reference …………………………

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

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

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

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

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

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

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

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

(Mar. 2011) by reference …………………………....………………………………

3452.243-70 Key Personnel (Mar. 2011)

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

2007)……………………………………………………………………………

306.8 Contract Administrator (Feb. 1985)

307-19a Redacted Proposals (April 2004)

313.237-72 Clearance of Conferences/Meetings (December 2012)

31.205.70 Food Costs

31.205.71 Travel Costs

Solicitation Provisions……………………………………………………………………

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

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

1449, Block 27a)………………………………………………………………...…………

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

52.212-3—Offeror Representations and Certifications—Commercial Items (Dec. 2012)

52.216-1 Type of Contract (Apr. 1984)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representation and Certifications (Dec. 2012) by reference

PAGE 4 OF 69 ED-VAE-13-R-0032

3452.209-70--Conflict of Interest Certification (Mar 2011)………………………………

Attachments

Attachment A Performance Work Statement………………………………………….......…….48

Attachment B Quality Assurance Surveillance Plan……………………….......………………..67

PAGE 5 OF 69 ED-VAE-13-R-0032

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 (Jan 2013)

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

Executive orders applicable to acquisitions of commercial items:

(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 (Jun 2010) (Section 1553 of Pub

PAGE 6 OF 69 ED-VAE-13-R-0032

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’ 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).

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

Corporations (May 2012) (section 738 of Division C of Public Law 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).

___ (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 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)).

PAGE 7 OF 69 ED-VAE-13-R-0032

_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 (July 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.

___ (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. 657f).

_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)).

PAGE 8 OF 69 ED-VAE-13-R-0032

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

_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 (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).

PAGE 9 OF 69 ED-VAE-13-R-0032

___ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C.

10a-10d).

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

Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19

U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-

182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

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

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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)).

_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).

PAGE 10 OF 69 ED-VAE-13-R-0032

___ (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 U.S.C. 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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013)

(E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations. (Mar 2009) (Pub. L. 110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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

PAGE 11 OF 69 ED-VAE-13-R-0032

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

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(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).

PAGE 12 OF 69 ED-VAE-13-R-0032

(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.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

PAGE 13 OF 69 ED-VAE-13-R-0032

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

(End of clause)

52.232-99 Providing Accelerated Payment to Small Business Subcontractors

(DEVIATION) (August 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the

Prompt Payment Act.

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

(a) The Contracting Officer’s Representative (COR) is responsible for the technical aspects of the project, technical liaison with the contractor, and any other responsibilities that are specified in the contract. These responsibilities include inspecting all deliverables, including reports, and recommending acceptance or rejection to the contracting officer.

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

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

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

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

3452.208-71 – Printing (Mar 2011) by reference

3452.208-72 – Paperwork Reduction Act (Mar 2011) by reference

PAGE 14 OF 69 ED-VAE-13-R-0032

3452.209-71 – Conflict of Interest (Mar 2011) by reference

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

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

3452.227-71 – Advertising of Awards (Mar 2011) by reference

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

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

Supplement to EDAR 3452.237-71

The following holidays are classified by the Office of Personnel and Management as

Federal Holidays:

New Year’s Day

Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

The calendar days may change subject to the current year.

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

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

Disabilities (Mar 2011) by reference

3452.243-70 Key Personnel (Mar 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

PAGE 15 OF 69 ED-VAE-13-R-0032

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 [ ].

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).

306-8: Contract Administrator (Feb. 1985)

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

307-19a Redacted Proposals (April 2004)

The contractor shall provide a redacted copy of its successful technical proposal for the original contract and any awarded task orders to the Contracting Officer within five (5) days after contract or task order award. The redacted proposal shall be suitable for release by the

Government under a Freedom of Information Act (FOIA) request. The redacted proposal shall be submitted in an electronic format that is readable by Microsoft Office applications.

Local Clause 313.237-72 – Clearance of Conferences/Meeting (December 2012): Any hotel/venue contract that the Contractor negotiates must be reviewed by and receive concurrence from an Event Services Team member prior to final agreement. The Event Services staff can be contacted at (202) 401-3679 or event.services@ed.gov. Comps: The Contractor does not have authority to negotiate or accept room upgrades for Department or Contractor staff. However, the

Contractor is authorized to exercise its best efforts to obtain other Comps of necessary items/services that the Department would otherwise seek to procure in furtherance of the conference/meeting (i.e., meeting rooms, sleeping rooms, audio-visual equipment, etc.) Dual

Compensation: Contractors are prohibited from receiving compensation from both the

Department and any other source for conference planning performed pursuant to the terms of this

Contract. If the vendor receives any compensation from another source as a result of conference services performed for the Department, the Contractor will report this compensation to the

Contracting Officer and offset its invoice to the Department in an equal amount.

PAGE 16 OF 69 ED-VAE-13-R-0032

Local Clause 31.205.70 - Food Costs: No food may be provided under this contract or in association with this contract unless consent is provided below. The cost of food under this contract is unallowable unless the contractor receives written consent from the Contracting

Officer prior to the incurrence of the cost. If the contractor wishes to be reimbursed for a food cost, it must make a request in writing at least 21 days prior to the day that costs would be incurred. The contractor shall include in its request the following: the purpose of the event at which the food will be served, why the food is integral to fulfill a government requirement in the contract, and the proposed costs. The lack of a timely response from the Contracting Officer shall not constitute constructive acceptance of the allowability of the proposed charge. Consent is hereby given to the contractor to NONE.

Local Clause 31.205.71 - Travel Costs: No invitational travel (defined as: Official government travel conducted by a non-federal employee in order to provide a “direct service” [i.e. presenting on a topic, serving as a facilitator, serving on a Federal Advisory Committee Act, or advising in an area of expertise] to the government) may be provided under this contract or in association with this contract unless consent is provided below. The cost of invitational travel under this contract is unallowable unless the contractor receives written consent from the Contracting

Officer prior to the incurrence of the cost. If the contractor wishes to be reimbursed for a cost related to invitational travel, it must make a request in writing at least 21 days prior to the day that costs would be incurred. The contractor shall include in its request the following: why the invitational travel cost is integral to fulfill a government requirement in the contract, and the proposed cost that must be in accordance with federal travel regulations. The lack of a timely response from the Contracting Officer shall not constitute constructive acceptance of the allowability of the proposed charge. Consent is hereby given to the contractor to NONE.

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).

PAGE 17 OF 69 ED-VAE-13-R-0032

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

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

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

(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 Department intends to award a performance-based firm-fixed price contract resulting from full-and-open competition for the development of trends and issues materials; the curating, updating and promotion of existing resources; the creation of quality teacher-reviewed OER resources; the design and implementation of an outreach and dissemination plan; and the design and delivery of technical assistance through “Improving Adult English Language Instruction” required by OVAE which operates within the Department. 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 demonstrate a thorough understanding of the proposed tasks and the existing resources, as specified in the PWS. The proposal should address the requirements in the

PAGE 18 OF 69 ED-VAE-13-R-0032

PWS, not simply repeat the language. The proposal should be written in sufficient detail to enable the review panel to effectively evaluate its full merits. In preparing their technical and business proposals, offerors are requested to write in plain English.

Although the intent of each task is described in the scope of work, it is up to the offeror to propose the most effective method for performing the tasks and the most feasible timeline and dates for all key activities. Offerors are encouraged to exercise independent judgment with respect to the best methods of attaining the objectives expressly stated in the PWS.

The technical proposal should be limited to a maximum of 30 double-spaced pages using 12 point font with one-inch margins. (Size 10-point is permissible for use in tables and charts.)

Any pages exceeding 30 will not be evaluated by the Department. Offerors shall not include substantive materials in the appendix in order to subvert the page limit. The page limit established for the technical proposal excludes resumes and letters of agreement from subcontractors and partners, if any.

Offerors shall use the proposal format described below:

A. Organization of Proposal Package

Each offer shall consist of two separately packaged proposals: 1) a technical proposal and 2) a business (price) 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 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

This section should provide an easy means to identify authors and major points of discussion.

2. Introduction

The introduction should briefly provide an impression of the offeror’s general understanding of the project’s objectives, scope of work, intended products, and applicability.

3. Technical Approach

This section should fully describe the theoretical and technical approach the offeror will employ in complying with the PWS. This section should demonstrate a clear understanding of the goals, objectives, and requirements upon which the project will focus. Offerors should

PAGE 19 OF 69 ED-VAE-13-R-0032

provide a clear rationale for the proposed technical approach. While a general statement of strategy is appropriate, procedures should be described in a clear and comprehensive way with regard to each task and sub-task, and should reflect efficient utilization of the offeror's resources. The offeror should identify any anticipated and potential problems, and propose improvements in the design of the work and the timeframe for completing tasks (including deliverable due dates) to facilitate successful completion of the work. This section must correspond with the PWS and schedule of deliverables contained therein.

Offerors should outline specific strategies that would be used to:

Establish a cadre of national standards trainers and experts to support the implementation of the College and Career Readiness Standards for Adult Education (Task 2). Offerors should provide a plan in sufficient degree of detail to understand intended actions and expected outcomes. OVAE is interested in all key aspects of a national training program designed to produce a cadre of qualified standards trainers and experts. Offerors shall address a number of items related to the national cadre, including, but not limited to the:

(1) preparation of trainers to support states and programs, especially to meet Task 4 requirements; (2) trainer roles and responsibilities; (3) the staging of the endorsement process; (4) endorsement requirements and legitimacy of the certification; (5) trainer assessments and evaluation; (6) ongoing support of trainers and trainer attrition; and (7) quality controls. Offerors should also describe any key materials involved in the trainer endorsement process. The offeror shall include in the appendix nominations of qualified individuals recommended to make up the initial national training cadre, including a suitable number and mix of trainers for a project of this scope and size.

Develop and deliver a professional development institute to orient all states and programs to college and career readiness, and the implementation of the CCR Standards for Adult

Education. (Task 3) Offerors shall propose in sufficient degree of detail to understand the institute’s key aspects. This includes, but is not limited to: invitational materials;

assessment to determine where participants are in the process of implementing standards-based education; agenda of multi-leveled activities; facilitator/facilitator materials; and outcomes that will result from the professional development activities. Offerors are encouraged to discuss how each set of institutes will offer activities that meet the different needs of participants.

Develop and Deploy Targeted Training, Technical Assistance and Leadership Activities

(professional development). (Task 4) Offerors shall provide a thorough explanation of the intended approach that will be taken to develop a professional development plan. The offeror’s plan should identify professional learning activities that will support high quality standards-based education and the implementation of CCR Standards in adult

PAGE 20 OF 69 ED-VAE-13-R-0032

education. It should provide a sufficient amount of detail to understand the intended actions and expected outcomes, and key aspects of a program designed to benefit two audiences—instructional leaders (state and local program directors) and instructors. The offeror’s plan should outline specific strategies that will build state capacity to bring education reforms and professional development initiatives to full scale and sustainability.

Assemble online resources (Task 5). Offerors shall provide a thorough explanation of the intended approaches that will be taken to create and identify online materials, and to maintain and modify content on the Adult Education Content Standards Warehouse

(AECSW) Website.

The offeror’s Subtask 5.1 plan to assemble online teaching and learning materials should address the mix of resources and activities to support the efforts of states and programs to adopt and implement CCR standards in adult education. The offeror’s Subtask 5.2 plan should address the mix of resources and activities pertinent to carrying out activities that include: (1) modification of the Website’s format; (2) maintenance of the site’s general usability; and (3) input of new materials. Offerors are encouraged to discuss how Task 5 relates to other tasks in the project.

Convene sessions at national meetings for adult education state directors (Task 6).

Offerors are encouraged to describe how they intend to use the 2014, 2015 and 2016 annual meetings to disseminate project resources and promote the implementation of

CCR standards to increase teaching and learning outcomes in adult education.

2. Management Plan

The offeror shall provide a summary description of the management control system that will be 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 PWS and the evaluation criteria. The proposed management system should include procedures for effective management of project resources, procedures for controlling the quality of products/services, and procedures for early identification of potential problems in carrying out task activities.

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

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

The Adult Education Content Standards Warehouse Website is located at:

[http://www.adiltedcontentstandards.ed.gov/].

PAGE 21 OF 69 ED-VAE-13-R-0032

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

Staff/Consultant Task

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 must include a total for each task for each period of performance 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 for each period of performance.

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

Time for any contractor internal review and clearance procedures as well as Department review.

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 a clear indication that all tasks can be completed on time and with a high level of quality. For planning purposes, the contract award is planned for September 2013.

3. Organizational Capacity, Experience and Past Performance

This section should describe previous and current, successful experiences related to overall management of a federal program and contract as well as demonstrate organizational capacity to meet the specific requirements identified in the PWS. Consideration of the offerors’ past performance on other contracts in terms of quality, problem resolution, cost-control, timeliness business relations and customer service will be made. Additionally, this section should describe past experiences in effective management and oversight of programs that relate to the purpose and objectives of this project.

The offeror should propose a team which, as necessary, may include subject matter experts and other individuals who have appropriate knowledge, skills, and abilities to support the

Department’s goals and objectives for this project. To conduct and complete this contract successfully, offerors must propose staff that, together, has recognized knowledge and expertise

PAGE 22 OF 69 ED-VAE-13-R-0032

in the development and deployment of: (1) professional development models (materials and methods); (2) train-the-trainer programs; (3) assessment and evaluation approaches; (4) technical assistance and support; and (5) Websites and online educational resources. In addition, offerors must propose staff that, together, haves recognized knowledge and expertise in the following areas: (1) effective teaching and learning practices; (2) adult basic education, adult secondary education and English language learning; (3) college and career readiness standards for adult education; (4) the National Reporting System for Adult Education; (5) implementation and sustainability of standards-based education; (6-) .distance learning; (7) technical writing; and (8)

English language art/literacy and mathematics.

The proposal should identify and describe key personnel, detailing their competencies and experience performing work of similar size and scope to that outlined in the PWS. If the offeror proposes to use subject matter experts, the offeror should specify which experts it proposes to use and, in the appendix, provide letters of commitment from each.

Offerors are encouraged to submit current vitae for each staff member proposed for the project.

The vitae should document only directly related experience, educational background, publications, and professional activities. Each vitae must list: (1) each degree earned, along with the date when each was confirmed, the confirming institution, and the major field of study; and

(2) no more than four prior/current work or project experiences. It is the responsibility of the offeror to ensure that telephone numbers and points of contact for references are current and accurate.

The Department, upon review of the vitae, will have approval rights of the individuals selected.

Key personnel should have the skills and past experience conducting similar, multi-year projects.

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 PWS.

The offeror shall submit information about three recent, successful experiences in conducting projects of similar size, scope, and complexity, or of some relevance to the effort required by this solicitation. Contracts listed may include those entered into by the federal government, agencies of state and local governments and commercial customers. Contracts with the parent or an affiliate of the offeror may not be used. Include the following information for each contract or subcontract:

Current or Past Contracts o Project name o Contract number and type o Funding agency o Period of performance, including all option periods o Original completion date and final (or current) completion date

PAGE 23 OF 69 ED-VAE-13-R-0032

o Original dollar value and final dollar value (including options if a contract) o Appropriate references—name(s), affiliations, telephone number and email

Performance of Relevant Work o Brief synopsis of work performed o Specific examples as to why the effort was 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.

4. Small Business Participation

The Department values an approach where substantive work in a meaningful capacity is performed by small businesses more highly than an approach in 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 in which technical, analytical, or significant service is performed by a small business.

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 socio-economic category of the small business.

C. Organization of the Business Proposal

It is anticipated that this contract will be awarded on a performance-based firm-fixed price basis.

The staff loading chart included in the technical proposal shall be consistent with the information provided in the business proposal.

While the business proposal does…