ED-VAE-15-R-0034.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

ENDRIAS.LEULESEGED

Typewritten Text X

ENDRIAS.LEULESEGED

Typewritten Text

ENDRIAS.LEULESEGED

Typewritten Text

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

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 48 ED-VAE-15-R-0034

0001 Base Year Funding- EMPLOYABILITY SKILLS

Period of Performance: 09/25/2015 to 09/24/2016

1.00 SE

Table of Contents

PAGE 4 OF 48 ED-VAE-15-R-0034

SECTION

. 1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

. 2 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

. 3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (MAY 2015)

. 4 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

. 5 3452.201-70 CONTRACTING OFFICER`s REPRESENTATIVE (COR) (MAY 2011)

. 6 3452.202-1 DEFINITIONS--DEPARTMENT OF EDUCATION (MAY 2011)

. 7 3452.208-71 PRINTING (MAY 2011)

. 8 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

. 9 3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAY 2011)

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

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

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

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

WITH RESTRICTIVE LEGENDS (MAY 2011)

. 14 3452.237-71 OBSERVANCE OF ADMINISTRATIVE CLOSURES (MAY 2011)

. 15 3452.242-71 NOTICE TO THE GOVERNMENT OF DELAYS (MAY 2011)

. 16 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH

DISABILITIES (MAY 2011)

. 17 3452.243-70 KEY PERSONNEL (MAY 2011)

. 18 306-1b Invoice and Contract Financing Requests Submission - IPP (December 2013)

. 19 306-8 CONTRACT ADMINISTRATOR (FEB 1985)

. 20 307-19 REDACTED PROPOSALS (DECEMBER 1998)

. 21 313.237-72 CLEARANCE OF CONFERENCES/MEETINGS (FEBRUARY 2015):

. 22 31.205.70 FOOD COSTS

. 23 31.205.71 TRAVEL COSTS

. 24 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

. 25 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

. 26 Addendum to 52.212-1 -- Instructions to Offerors -

. 27 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

. 28 Addendum to 52.212-2 - Evaluation of Offers

. 29 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

. 30 311-1 TYPE OF CONTRACT (MARCH 1986)

. 31 3452.209-70 CONFLICT OF INTEREST CERTIFICATION (MAY 2011)

. 32 Performance Work Statement

PAGE 5 OF 48 ED-VAE-15-R-0034

SECTION

. 1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 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/these address(es):

http://acquisition.gov/far/index.html or http://www2.ed.gov/policy/fund/reg/clibrary/edar.html

(End of Clause)

. 2 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(Reference 52.212-4)

. 3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (MAY 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) 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) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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:

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections Under the American Recovery L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First- Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved] XX (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

(ii) Alternate I (NOV 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved] (14)

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

(ii) Alternate I (Nov 2011) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

(15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).

PAGE 6 OF 48 ED-VAE-15-R-0034

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

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

XX (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

(17) XX (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014)(15 U.S.C. 637(d)(2) and (3).

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

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

(iv) Alternate III (Oct 2014) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

XX (20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F) (i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013)(15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business(WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor - Cooperation with Authorities and Remedies(Jan 2014) (E.O.

13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C.4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C.4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 7 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (Aug 2013).(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items asprescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Contentfor EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Notapplicable 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) (i) 52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment(Jun 2014) (E.O.s 13423 and 13514)

(ii) Alternate I (Jun 2014) of 52.223-13.

(37) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(38) 52.223-15, Energy Efficiency in Energy-Consuming Products(Dec 2007) (42 U.S.C. 8259b).

(39) (i) 52.223-16, Acquisition of EPEAT(R) -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

(41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(42) (i) 52.225-3, Buy American--Free Trade Agreements-- Israeli Trade Act (May 2014) (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, 112-41,112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (44) 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).

Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

PAGE 7 OF 48 ED-VAE-15-R-0034

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

XX (50) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) (31 U.S.C. 3332).

(51) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(54) (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:

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor --Price Adjustment (Multiple Year and Option Contracts)(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792).

(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 ofthe 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 allreasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3years 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 madeavailable for 3 years after any resulting final termination settlement. Records relating to appeals underthe disputes clause or to litigation or the settlement ofclaims 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 book s, documents,accounting procedures and practices, and other data, regardless of type and regardless of form. This does notrequire 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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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.

PAGE 8 OF 48 ED-VAE-15-R-0034

(iii)52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014)(38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014),(41 U.S.C. chapter 67).

(xi) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) 41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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 contractualobligations.

. 4 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(Reference 52.232-40)

. 5 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 DETERMINED 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.

. 6 3452.202-1 DEFINITIONS--DEPARTMENT OF EDUCATION (MAY 2011)

(Reference 3452.202-1)

. 7 3452.208-71 PRINTING (MAY 2011)

(Reference 3452.208-71)

PAGE 9 OF 48 ED-VAE-15-R-0034

. 8 3452.209-71 CONFLICT OF INTEREST (MAY 2011)

(Reference 3452.209-71)

. 9 3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAY 2011)

(Reference 3452.224-70)

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

(Reference 3452.227-70)

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

(Reference 3452.227-71)

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

(Reference 3452.227-72)

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

WITH RESTRICTIVE LEGENDS (MAY 2011)

(Reference 3452.227-73)

NOTE: The following Federal holidays are observed under this contract: 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

. 14 3452.237-71 OBSERVANCE OF ADMINISTRATIVE CLOSURES (MAY 2011)

(Reference 3452.237-71)

. 15 3452.242-71 NOTICE TO THE GOVERNMENT OF DELAYS (MAY 2011)

(Reference 3452.242-71)

. 16 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES

(MAY 2011)

(Reference 3452.242-73)

. 17 3452.243-70 KEY PERSONNEL (MAY 2011)

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

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

Labor Category Name The following personnel have been identifided as Key Personnel in performance of this contract:

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Labor Category: [Insert Category] Name [Insert Name]

. 18 306-1b Invoice and Contract Financing Requests Submission - IPP (December 2013)

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

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

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

Example 1, Definitive Contract:

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

Example 2, Task/Delivery Order Contract:

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

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

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

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

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

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

. 19 306-8 CONTRACT ADMINISTRATOR (FEB 1985)

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

. 20 307-19 REDACTED PROPOSALS (DECEMBER 1998)

The contractor shall provide a redacted copy of its successful technical proposal to the Contracting Officer within five (5) days after contract 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.

. 21 313.237-72 CLEARANCE OF CONFERENCES/MEETINGS (FEBRUARY 2015):

Any hotel/venue contract that the Contractor negotiates must be reviewed by and receive concurrence from a Conference Policy and Operations Team member prior to final agreement. All hotel/venue contracts shall be submitted electronically via email to the cognizant Contracting Officer's Representative, with a carbon copy to the Contracting Officer, who will ensure Conference Policy and Operations reviews the contract.

Complimentary Items "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 Contractor receives any compensation from another source as a result of conference services performed for the Department, the Contractor shall report this compensation to the Contracting Officer and offset its invoice to the Department in an equal amount.

. 22 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) .

. 23 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 1) conduct the Technical Work Group under Task 2 and to provide invitational travel for up to 15 non-federal personnel for this meeting, 2) conduct the listening session under Task 4, 3) conduct the interagency meeting under Task 4, and 4) conduct four (4) Business Subject Matter Expert Team meetings under Task 5 in accordance with the PWS .

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. 24 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(Reference 52.209-7)

. 25 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(Reference 52.212-1)

. 26 Addendum to 52.212-1 -- Instructions to Offerors -

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The offeror is expected to show a thorough understanding of the proposed tasks and the existing resources, 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.

Submission Instructions The technical proposal should be limited to a maximum of 30 double-spaced pages using font size no smaller than 12 points. Specifications pertaining to font and spacing do not apply to tables, figures, or exhibits. Number the pages. Any pages over 30 will not be considered. The page limit excludes key personnel resumes and letter of agreements from subcontractor or partners such as philanthropies, if any. The Department’s review of resumes will be limited to the key personnel. Offerors shall not put substantive materials in the appendix in order to subvert the page limit.

The technical and business proposal shall be submitted as separate digital documents. The technical and business proposal must be received at or before 11:00am EST on July 17, 2015.

Proposals shall be submitted electronically to the Points of Contact listed below:

• Endrias Leuleseged, Contract Specialist (Email Endrias.Leuleseged@ed.gov)

• Stephen Scheffer, Contracting Officer (Email Stephen.Scheffer@ed.gov)

All questions in response to this solicitation must be received at or before 11am EST on June 25, 2015. Questions shall be submitted electronically to the Points of Contact listed below:

• Endrias Leuleseged, Contract Specialist (Email Endrias.Leuleseged@ed.gov)

• Stephen Scheffer, Contracting Officer (Email Stephen.Scheffer@ed.gov)

The Department’s email system cannot handle emails larger than 20mb. Submissions should be broken up into separate emails if necessary. Proposal or questions that were rejected by our servers due to violation of the size limit or other technical issues will not be accepted after the specified deadline, so please plan accordingly when submitting materials to the Department.

In preparing their technical proposal and business (price) proposal, offerors are also requested to follow the proposed format and content suggestions detailed below:

Offerors shall use the proposal format described below:

A. Organization of the 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 shall be contained in the technical proposal. The business proposal

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shall contain all information related to the determination of the costs associated with each of the project’s tasks. The technical proposal shall 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 shall 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. Include the name of the person who wrote each section of the proposal.

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

3. Technical Approach. 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 sub-task, and should reflect efficient use of the offeror's resources. The offeror should identify potential and/or anticipated problems and suggest proposed variations in the design of the work; the time frame for completing tasks, and/or deliverable due dates that may facilitate successful completion of the scope of work’s tasks and objectives.

Task 1: Project Management, Task 2: Establish an expert panel (technical work group) to identify “low hanging fruit” for development, Task 3: Identify existing measures related to career and technical education in extant repositories maintained by entities like the National Science Foundation and RAND, Task 4: Create and disseminate new materials in support of the Employability Skills Framework, and Task 5: Seek Employer and Industry Association Validation of the Employability Skills Framework.

4. Key Personnel. The offeror shall propose a team, including Subject Matter Experts (SMEs), with appropriate knowledge, skills, and abilities to support the Department’s goals and objectives for this initiative. The proposal shall describe in detail the qualifications of key personnel, detailing their competencies and experience in performing work of similar size and scope to that outlined in the Performance Work Statement, and describing their role in the project. The offeror’s selected staff must possess knowledge and skills in the following areas: federal contract management, research, strategic planning, conference planning, logistical support, and materials development.

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The contractor shall include specifics about the level of effort invested in the project by all key personnel proposed for this project.

The proposed key staff section should indicate clearly the relationship between past staff experience and proposed task assignments under this contract.

Resumes shall be included for all key staff for this contract, including key staff from subcontractors, and consultants. Resumes should document only directly related experience, educational background, publications, and professional activities of key personnel staff. 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.

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.

The COR, upon review of resumes of key personnel, shall have approval rights of the individuals selected by the contractor to staff the team, including the project director. By listing key personnel as part of the proposal, the offeror is making a firm commitment to use said personnel to carry out the activities in the performance work statement.

The offeror shall outline all contractual obligations existing for each key staff member proposed during the anticipated course of the contract. The funding sources for other projects and the percentage of time allotted shall also be provided.

5. Experience; Past Performance; Institutional Capacity. This section should demonstrate the offeror’s organizational capacity and ability to carry out all phases of work associated with the major activities stated in the PWS. The offeror should describe its past and current experience in conducting projects of a similar or comparable nature as well as its experience with different federal programs. Brief summaries of such work should be submitted, including the names, current affiliations, and current telephone numbers of appropriate references. Include also: (1) vehicle number and type; (2) funding agency (DOL, HHS, etc.); (3) original dollar value and final dollar value (including options, if a contract); (4) original completion date and final (or current) completion date; (5) the scope of the effort; (6) relevance of the work to this contract;

(7) performance experience summary; (8) methodology and tools used; (9) challenges in the effort and how they were overcome; and (10) explanation 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.

6. Management Plan. The offeror shall 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 application of the proposed

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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. The offeror must describe how the internal management control system will be applied to the work of this proposal as specified in the performance work statement and the evaluation criteria.

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

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

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

Staff/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 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 interrelationship of tasks plotted on a time scale.

• Time for any contractor internal review and clearance procedures as well as review by the COR and the Department.

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

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 2015.

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. The proposal should identify the roles in which consultants would

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serve on this contract. Letters from proposed subcontractors/consultants indicating their willingness to serve, if selected, must be included with the offeror’s proposal.

8. 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 category of the small business.

C. Organization of the Business Proposal

It is anticipated that this 12 month 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 sub-tasks and shall include any applicable assumptions used to formulate the cost build-up.

Offerors shall provide a separate cost estimate for each meeting to be conducted under this contract, including any planning and preparation costs, and all logistics costs.

Other Administrative Details:

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

• The proposal shall include 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;

• The proposal shall include a payment schedule based on the tasks and deliverables set forth in the PWS;

• The business proposal shall include a Small Business Subcontracting Plan;

• 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

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• Other small business concerns.

Note--The categories listed above imply no order of preference.

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.

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

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 conflicts 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 a 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 awarded to the successful offeror.

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. 27 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

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

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

(ii) price;

(iii) past performance (see FAR 15.304);

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.