Solicitation RFP 11-11 Provide assist the NEA with technology solutions to accept application work samples electronically GPO.ITMpdf.pdf

January 27, 2011

Reference: Provide and assist the National Endowment for the Arts (NEA) with technology solutions to accept application work samples electronically, to provide online access to them and accompanying application materials for evaluation purposes that is 508 Compliant

Subject: Request for Proposal Solicitation Number RFP 11-11

Dear Prospective Offeror:

The National Endowment for the Arts (NEA) invites contractors to submit proposals for the services described in the attached statements of work, under the authority of Part 12 of the Federal Acquisition Regulation.

Enclosed you will find a Statement of Work/solicitation that requests proposals that will address acquiring technology solutions to accept application work samples electronically and to provide online access to them and accompanying application materials for evaluation purposes. QUESTIONS concerning this proposal shall be submitted only via email to CONTRACTS@ARTS.GOV by 5:00 pm (EST) on February 8, 2011. Please SUBMIT your PROPOSALS by FEBRUARY 14, 2011 at 5:00 p.m. (EST). This RFP in no way obligates the U.S. Government to award a contract, nor does it commit the U.S. Government to pay any cost incurred in preparing and submitting your proposal.

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 will be considered. In order to select the winning offeror, NEA will rank offerors from best to worst. In addition to the narrative assessments prepared by the Evaluation Team for each evaluation factor, a point scoring system will be used to rank all technical and price proposals. The point scoring system uses a rating scale of 100%. However, NEA will not select an offeror for award on the basis of a superior capability without consideration of the amount of its price. In order to select the winning proposal, NEA will rank each offeror by making a series of paired comparisons between them, trading off the marginal differences in capability with the marginal difference in price.

The Government’s estimate for this contract is $50,000 for the pilot year only. Option years will be determined based on the availability of funding.

The actual period of performance will be determined at the time of award; through the results of the pilot testing of the selected solution through one calendar year.

Proposals that are faxed will not be accepted. Proposals must be received by the closing date and time stated above via email to CONTRACTS@ARTS.GOV. Please refer any questions concerning this request to Latonca M. Harris via email at CONTRACTS@ARTS.GOV.

Sincerely, Latonca M. Harris

Latonca M. Harris Contracting Officer Grants & Contracts Office mailto:harrisl@arts.gov

Enclosures:

Section B, Supplies/Service and Prices Section C, Description/Specifications/Statement of Work Section D, Preservation, Packaging and Marking Section E, Inspection and Acceptance Section F, Deliveries or Performance Section G, Contract Administration Data Section H, Special Contract Requirements Section I, Contract Clauses Section J, List of Attachments Section K, Representations, Certifications and Other Statements of Offerors Section L, Instructions, Conditions and Notices to Offerors Section M, Evaluation Factors for Award

SECTION B

SUPPLIES/SERVICES AND PRICES

B.1 General

On behalf of the National Endowment for the Arts, Office of Information & Technology Management and the Office of Guidelines & Panel Operations, the contractor shall provide and assist the agency in implementing an appropriate technological solution to accept application work samples electronically and to provide online access to those work samples and accompanying application materials for evaluation purposes.

B.2 Contract Term

The contract term includes a pilot year and two option years as shown in the table below.

Pilot Year Date of Award thru 12/31/2011 Option Year One 01/01/2012 through 12/31/2012 Option Year Two 01/01/2013 through 12/31/2013

B.3 Pricing

(a) All unit prices are firm fixed rates.

(b) The following pricing tables and CLINs are organized by contract year. The first digit of each CLIN is linked to the contract year as follows: “1” for year one, “2” for year two, etc.

Year One - Period of Performance: Date of Award through December 31, 2011

ITEM

No.

SUPPLIES OR SERVICES QTY UNIT UNIT PRICE AMOUNT

1001 To provide and assist the agency in implementing an appropriate technological solution.

1 Lot

FIRM FIXED PRICE

GRAND TOTAL

AMOUNT FOR

PROJECT:

NTE

Year Two - Period of Performance: January 01, 2012 through December 31, 2012

SUPPLIES OR SERVICES QTY UNIT UNIT PRICE AMOUNT

2001 Implement expansion of the proposed solution for use with one or more additional groups of applications in the Art Works category, and one or more additional categories.

1 Lot

FIRM FIXED PRICE

GRAND TOTAL

Year Three - Period of Performance: January 01, 2013 through December 31, 2013

SUPPLIES OR SERVICES QTY UNIT UNIT PRICE AMOUNT

3001 Complete expansion of the proposed solution for use with any remaining groups of Art Works applications, and one or more additional categories.

1 Lot

FIRM FIXED PRICE

GRAND TOTAL

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GENERAL BACKGROUND

NEA is an independent Federal agency whose mission is to advance artistic excellence, creativity, and innovation for the benefit of individuals and communities. This mission is primarily achieved through the awarding of grants and cooperative agreements.

NEA currently receives approximately 7,000 electronic grant applications annually via Grants.gov, the Federal grant application portal. There are approximately 11 application deadlines per year. For each deadline, the agency may receive anywhere from ten to 2,000 applications. Currently, an applicant must mail supplemental work samples (e.g., print, audio, graphic, and video works) to the agency separately to complete their application. Several work samples in one or more formats may be submitted in support of an application.

Applications undergo review by peer panels, with over 550 citizens serving as panelists/reviewers annually. Panels typically consist of five to ten individuals from around the country. Panel meetings are usually conducted on-site at NEA’s offices in Washington, DC, where different panels may meet simultaneously. In most instances, all panelists are provided hard copies or CDs of the application forms in advance of the meeting, but most do not see the audio-visual work samples until the panel meeting.

After reviewing the work samples and discussing the merits of an application, each panelist scores it, with the scores entered manually into a spreadsheet by NEA staff. The results are then used to rank the applications for funding consideration.

C.2 SCOPE OF WORK

The National Endowment for the Arts (NEA) is seeking to increase the use of technology in its application review processes, thereby improving their efficiency and productivity. To this end, NEA needs the capability to accept application work samples electronically in a variety of file formats and to provide online access to those work samples and accompanying application materials for evaluation purposes by both internal and external reviewers. Through this solicitation, a contractor will be selected to provide and assist the agency in implementing an appropriate technological solution meeting these needs. NEA envisions pilot testing the selected solution in August 2011 with one group of approximately 250 applications submitted to the agency’s Art Works category. Depending on the results of the pilot, NEA anticipates expanding the use of the selected solution to other applications in the Art Works category and to other NEA funding categories in 2012 and 2013.

C.3 DETAILED SPECIFICATIONS

NEA’s vision of the desired solution is as follows:

C.3.1. Specific Functional Requirements

Uploading Work Samples

The proposed solution must be able to accept digital work samples in, at minimum, the following formats:

PDF (documents), PPT (Power Point presentation), JPG (images), MP3 (audio) and FLV and MP4 (video). Applicants must be able to easily upload their materials, along with accompanying descriptive information, via the Web to a review site after completing the Grants.gov application process, and receive acknowledgment of successful uploading of their material. In addition, there must be an interface that enables NEA to upload the application forms received from Grants.gov to this same review site. The forms must then be matched with their corresponding work samples. For each funding opportunity, designated NEA staff must be able to set a cutoff date for uploading the work samples. After the cutoff date, they must also be able to re-enable upload access to the site as necessary, e.g., to receive additional or updated work samples.

Online Review

Applications may be reviewed solely online or receive a preliminary review online prior to an on-site meeting at a later date. For online reviews, panelists must be able to access both the Grants.gov forms and the work samples for each application. NEA staff must be able to assign panelists to review specific applications. In addition, NEA staff must be able to adjust evaluation criteria and scoring procedures for each group of applications depending on the funding category. Staff must also be able to change panelists and application assignments during the review period.

All application materials, including work samples in all formats, must be presented together in a manner that facilitates the panelists’ review and balloting. Panelists must be able to enter numerical scores, as well as comments, for each assigned application. They must also be able to change their scores and comments until the review cutoff date.

NEA staff must be able to set a cutoff date for the online review period and also monitor the panelists’ progress during the review period. Rankings must be computed automatically once scoring is complete and be available for download for staff use.

On-Site Meeting

For on-site meetings, as with online reviews, access to work samples and application materials must be provided to panelists and NEA staff. As with online reviews, evaluation criteria and scoring procedures for each group of applications must be customizable. Panelists must be able to enter scores and comments for each application as directed by the panel chairman. Interim and final rankings must be computed automatically for use by NEA staff.

Post-Review

NEA staff must have the ability to access and extract reviewer comments.

NEA staff must continue to have access to the work samples for use in post-panel reviews. Access to archived work samples is also desired for up to five years following panel review.

C.3.2. General Requirements

Security: The solution must ensure only properly authorized individuals are able to access the application materials, scores and comments at the various points in the process (e.g., panelists will not be able to access material after the review process is complete); or upload information to or download it from the online review site.

Ease of Use: System functions – for applicants, panelists and NEA staff -- should be easy-to-use, intuitive, and have an aesthetically pleasing design. The solution must also accommodate both PC and Mac users.

User Assistance: Appropriate training, instruction materials and help desk support must be available to assist users.

Capacity: When fully implemented, the solution must be able to accommodate deadlines for which up to 2,000 applications and accompanying work samples may be submitted.

SECTION D

PRESERVATION, PACKAGING AND MARKING

Not Applicable.

SECTION E

INSPECTION AND ACCEPTANCE

E.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 address:

https://www.acquisition.gov/far/

(END OF CLAUSE)

E.2 52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

E.3 Inspection and Acceptance

FAR Clause 52.246-4 Inspection of Services – Fixed Price, will govern inspection and acceptance of all services performed by the Contractor. The Contractor is responsible for carrying out its obligations under this contract by controlling the quality of all services rendered and ensuring performance of all contract requirements.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 Timeline for Performing Contract Requirements

Delivery Schedule:

In carrying out this project, the Contractor will be expected to:

For the pilot year (2011):

1) Participate in an initial meeting (in person or via conference call) with the NEA Project Director and other NEA staff to learn more about NEA’s application review processes and technological capabilities.

2) In consultation with the NEA Project Director, develop a work plan and implementation timetable for a pilot project involving approximately 250 Art Works applications planned for the second half of calendar year 2011.

3) Oversee implementation of the proposed technological solution for the pilot project.

4) In consultation with the NEA Project Director, provide user training and training materials, as appropriate.

5) In consultation with the NEA Project Director following completion of the pilot project, develop a work plan and timetable for expanding the use of the proposed solution to additional groups of Art Works applications and other NEA funding categories in calendar years 2012 and 2013.

https://www.acquisition.gov/far/

For Option Year 1 (2012):

1) Implement expansion of the proposed solution for use with one or more additional groups of applications in the Art Works category (it is highly desired that all Art Works applications be accommodated in 2012). Applications in this category are submitted in 15 different discipline/fields (e.g., Music, Dance, Theater). The application forms used for each discipline/field are the same. Applicants in each discipline/field must be able to upload work samples in all of the formats specified above. There are two annual deadlines: March and August. Estimated total number of Art Works applications in 2012: 4,000.

2) Implement expansion of the proposed solution for use with one or more additional NEA funding categories, such as Challenge America Fast-Track (CAFT). CAFT applicants use the same basic application forms as Art Works applicants and must be able to upload work samples in all of the formats specified above. There is one annual deadline in late May/early June. Estimated total number of CAFT applications in 2012: 400.

3) Update user training and training materials, as appropriate.

For Option Year 2 (2013):

1) Complete expansion of the proposed solution for use with any remaining groups of Art Works applications.

2) Implement expansion of the proposed solution for use with one or more additional NEA funding categories, such as Literature Fellowships. Literature Fellowships applicants use different application forms than those used for Art Works and CAFT. All work samples are PDFs. There are two annual deadlines: January and March. Estimated total number of Literature Fellowship applications in 2013: 1,500.

3) Update user training and training materials, as appropriate.

More information about Art Works and other NEA funding categories may be found on the agency’s website (www.arts.gov).

F.2 Term of Contract

The contract term includes a pilot year and two option years as shown Section B. All work is expected to be completed based on the timeline for performing contract requirements.

F.3 Notice to the Government of Delays

Required services shall begin at time of award in accordance with the Statement of Work. The Contractor is responsible for carrying out its obligations under this contract by controlling the quality of all services rendered and ensuring performance of all contract requirements. To this end, the Contractor shall establish, maintain, and manage quality control throughout the life of this contract. In the event the Contractor encounters difficulty in meeting performance requirements, or when the contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the NEA Project Director, in writing, giving pertinent details. The contractor shall provide these services http://www.arts.gov/ within 24 hours of written notification, however, this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 Deliverables

The contractor shall provide information regarding the content and format for each deliverable.

Acceptance of all written documents will be based upon the NEA Project Director’s review and approval.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 NEA Project Director

G.1.1 Upon award, a NEA Project Director will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, he shall not be authorized to change any terms and conditions of the resultant contract, including price.

G.1.2 The NEA Project Director is authorized to certify (but not to reject or deny) invoices for payment in accordance with enclosed payment terms. The authority to reject or deny performance and associated invoice payment is expressly reserved for the Contracting Officer.

G.1.3 The NEA Project Director for this contract is:

To be determined at time of award

National Endowment for the Arts 1100 Pennsylvania Ave., NW, Suite 616

Washington, DC 20506

(202) 682-

G.1.4 The Contracting Officer for this contract is:

Latonca M. Harris

National Endowment for the Arts 1100 Pennsylvania Ave., NW, Suite 618

Washington, DC 20506

(202) 682-5476

Written communications shall make reference to the award contract number and shall be mailed to the above address.

G.2 Invoice Requirements

G.2.1 Payment for actual work and services rendered under this contract will be made. Payment will be made by the National Endowment for the Arts via Electronic Funds Transfer (EFT) and in accordance with the contract clause 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2007), and 52.232-34 Payment by Electronic Funds Transfer--Other Than Central Contractor Registration (May 1999), upon submission of commercial invoices to the Endowment Finance Office, Room 624.

G.2.2 The office that will make the payments due under this contract (i.e., the designated payment office) is shown below.

National Endowment for the Arts Finance Office, Suite 624

1100 Pennsylvania Ave., NW Washington, DC 20506

Please note:

The successful contractor is required to be registered in Central Contractor Registration:

http://www.ccr.gov/

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Contract Type

This is a Firm Fixed Price Commercial Item Contract.

H.2 Special Contract Requirements

H.2.1 Private Use of Contract Information and Data

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished by the Contractor in the performance of this contract, shall be used by the Contractor only in connection with the work under this contract. The contractor must obtain permission through a written request to the Contracting Officer and approval from the NEA’s General Counsel Office prior to releasing any data for use outside of the performance of this NEA contract.

In accordance with FAR 52.227-14(b), the Contractor shall guarantee strict confidentiality of the information/data that is provided by the Government during the performance of the contract. The Government has determined that some of the information/data that the Contractor will be provided during the performance of the contract is of a sensitive nature and cannot be disclosed in any manner.

H.2.2 Section 508 of the Rehabilitation Act Compliance

All products provided under this contract must meet the applicable accessibility standards at 36 CFR Part 1194 as required by FAR Case 1999-607. General information regarding the Section 508 Act can be found at the website www.section508.gov.

H.3 Prohibition against Soliciting and Performing Personal Services

A. The performance of personal services under this contract is strictly prohibited.

B. Personal service contracting is described in Section 37.104 of the Federal Acquisition Regulations

(FAR). There are a number of factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract?

http://www.gsa.gov/michaelwhargrove/Local%20Settings/Temp/notes3C72B0/www.section508.gov

C. The government and the Contractor understand and agree that the support services to be delivered under this contract are nonpersonal services in nature that is no employer-employee relationships exist or will exist under the contract between the government and the contractor or between the Government and the contractor’s employees.

D. Contractor personnel under this contract shall not:

1. Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

2. Be placed in a Federal staff or policy making position.

3. Be placed in a position of supervision, direction, or evaluation over NEA personnel, or personnel of other contractors, or become a part of a government organization.

E. Employee Relationship

1. The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the government.

2. Rules, regulations, direction, and requirements which are issued by NEA management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

3. The Contractor shall immediately advise the Contracting Officer if the contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

H.4 Facility Access

A. Rights of Egress and Ingress

During the life of this contract, the rights of ingress to and egress from the National Endowment for the Arts facility for the Contractor's representatives shall be made available as required.

During all operations on Government premises, the Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require Contractor personnel to "sign-in" upon entry and "sign-out" upon departure from the National Endowment for the Arts facility.

B. Building Access Passes

When any Contractor personnel enter a NEA building for the first time, the Contractor must notify the NEA Project Director in advance and provide the full name and purpose of visit in order to obtain approval for escorted access.

SECTION I

CONTRACT CLAUSES

I.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 may be accessed electronically at this Internet address: http://www.acquisition.gov/far/.

I.2 52.204-9 Personal Identity Verification of Contractor Personnel. (SEPT 2007)

(a) The Contractor shall comply with agency personal identity verification procedures when applicable that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

(End of clause)

I.3 Subpart FAR 9.502 Contractor Preparing Specifications or Work

(a)(l) If a contractor prepares and furnishes complete specifications covering non-developmental items, to be used in a competitive acquisition, that contractor shall not be allowed to furnish these items, either as a prime contractor or as a subcontractor, for a reasonable period of time including, at least, the duration of the initial production contract. This rule shall not apply to-

(i) Contractors that furnish at Government request specifications or data regarding a product they provide, even though the specifications or data may have been paid for separately or in the price of the product; or

(ii) Situations in which contractors, acting as industry representatives, help Government agencies prepare, refine, or coordinate specifications, regardless of source, provided this assistance is supervised and controlled by Government representatives.

(2) If a single contractor drafts complete specifications for non-developmental equipment, it should be eliminated for a reasonable time from competition for production based on the specifications. This should be done in order to avoid a situation in which the contractor could draft specifications favoring its own products or capabilities. In this way the Government can be assured of getting unbiased advice as to the content of the specifications and can avoid allegations of favoritism in the award of production contracts.

(3) In development work, it is normal to select firms that have done the most advanced work in the field.

These firms can be expected to design and develop around their own prior knowledge. Development contractors can frequently start production earlier and more knowledgeably than firms that did not participate in the development, and this can affect the time and quality of production, both of which are important to the Government. In many instances the Government may have financed the development.

Thus, while the development contractor has a competitive advantage, it is an unavoidable one that is not considered unfair; hence no prohibition should be imposed.

(b)(l) If a contractor prepares, or assists in preparing, a work statement to be used in competitively acquiring a system or services-or provides material leading directly, predictably, and without delay to such a work statement-that contractor may not supply the system, major components of the system, or the services unless-

(i) It is the sole source;

(ii) It has participated in the development and design work; or

(iii) More than one contractor has been involved in preparing the work statement.

(2) Agencies should normally prepare their own work statements. When contractor assistance is necessary, the contractor might often be in a position to favor its own products or capabilities. To overcome the possibility of bias, contractors are prohibited from supplying a system or services acquired on the basis of work statements growing out of their services, unless excepted in paragraph (b) (l) of this section

(3) For the reasons given in 9.505-2(a)(3), no prohibitions are imposed on development and design contractors.

I.4 Subpart FAR 9.505-4, Obtaining Access to Proprietary Information

(a) When a contractor requires proprietary information from others to perform a Government contract and can use the leverage of the contract to obtain it, the contractor may gain an unfair competitive advantage unless restrictions are imposed. These restrictions protect the information and encourage companies to provide it when necessary for contract performance. They are not intended to protect information-

(1) Furnished voluntarily without limitations on its use; or

(2) Available to the Government or contractor from other sources without restriction.

(b) A contractor that gains access to proprietary information of other companies in performing advisory and assistance services for the Government must agree with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished. The contracting officer shall obtain copies of these agreements and ensure that they are properly executed.

(c) Contractors also obtain proprietary and source selection information by acquiring the services of marketing consultants which, if used in connection with an acquisition, may give the contractor an unfair competitive advantage. Contractors should make inquiries of marketing consultants to ensure that the marketing consultant has provided no unfair competitive advantage

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-4 Contract Terms and Conditions--Commercial Items. (JUN 2010) 52.227-14 Rights in Data-General. (DEC 2007) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items. (DEC 2010)

(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:

(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 (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (42) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

(OCT 2003) (31 U.S.C. 3332).

I.5 Subpart FAR 39.2—Electronic and Information Technology

39.201 Scope of subpart.

(a) This subpart implements Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), and the

Architectural and Transportation Barriers Compliance Board Electronic and Information Technology (EIT) Accessibility Standards (36 CFR Part 1194).

(b) Further information on Section 508 is available via the Internet at http://www.section508.gov.

(c) When acquiring EIT, agencies must ensure that—

(1) Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities; and

(2) Members of the public with disabilities seeking information or services from an agency have access to and use of information and data that is comparable to the access to and use of information and data by members of the public who are not individuals with disabilities.

39.202 Definition.

Undue burden, as used in this subpart, means a significant difficulty or expense.

39.203 Applicability.

(a) Unless an exception at 39.204 applies, acquisitions of EIT supplies and services must meet the applicable accessibility standards at 36 CFR Part 1194.

(b)(1) Exception determinations are required prior to contract award, except for indefinite-quantity contracts (see paragraph (b)(2) of this section).

(2) Exception determinations are not required prior to award of indefinite-quantity contracts, except for requirements that are to be satisfied by initial award. Contracting offices that award indefinite-quantity contracts must indicate to requiring and ordering activities which supplies and services the contractor indicates as compliant, and show where full details of compliance can be found (e.g., vendor’s or other exact website location).

(3) Requiring and ordering activities must ensure supplies or services meet the applicable accessibility standards at 36 CFR Part 1194, unless an exception applies, at the time of issuance of task or delivery orders. Accordingly, indefinite-quantity contracts may include noncompliant items; however, any task or delivery order issued for noncompliant items must meet an applicable exception.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.section508.gov/ https://www.acquisition.gov/far/html/Subpart 39_2.html#wp1004791

(c)(1) When acquiring commercial items, an agency must comply with those accessibility standards that can be met with supplies or services that are available in the commercial marketplace in time to meet the agency’s delivery requirements.

(2) The requiring official must document in writing the nonavailability, including a description of market research performed and which standards cannot be met, and provide documentation to the contracting officer for inclusion in the contract file.

39.204 Exceptions.

The requirements in 39.203 do not apply to EIT that—

(a) Is purchased in accordance with Subpart 13.2 (micro-purchases) prior to April 1, 2005. However, for micro-purchases, contracting officers and other individuals designated in accordance with 1.603-3 are strongly encouraged to comply with the applicable accessibility standards to the maximum extent practicable;

(b) Is for a national security system;

(c) Is acquired by a contractor incidental to a contract;

(d) Is located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment; or

(e) Would impose an undue burden on the agency.

(1) Basis. In determining whether compliance with all or part of the applicable accessibility standards in 36 CFR Part 1194 would be an undue burden, an agency must consider—

(i) The difficulty or expense of compliance; and

(ii) Agency resources available to its program or component for which the supply or service is being acquired.

(2) Documentation.

(i) The requiring official must document in writing the basis for an undue burden decision and provide the documentation to the contracting officer for inclusion in the contract file.

(ii) When acquiring commercial items, an undue burden determination is not required to address individual standards that cannot be met with supplies or service available in the commercial marketplace in time to meet the agency delivery requirements (see 39.203(c)(2) regarding documentation of nonavailability).

I.6 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

I.7 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract (exercise the options for CY 12, CY 13), by written notice to the Contractor at any time prior to the expiration of the contract; provided that the https://www.acquisition.gov/far/html/Subpart 39_2.html#wp1004784 https://www.acquisition.gov/far/html/Subpart 13_2.html#wp1088781 https://www.acquisition.gov/far/html/Subpart 1_6.html#wp1050971 https://www.acquisition.gov/far/html/Subpart 39_2.html#wp1004784

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.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years and 6 months.

Availability of Funds During a Continuing Resolution (CR)

The NEA is currently operating under a Continuing Resolution. Funds are available during a CR only up to the amount authorized. The amount of funds available for this contract allows for contract performance of services identified in the contractual line items through March 4, 2011. The NEA’s obligation beyond this dollar amount and date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the NEA for any payment may arise for performance under this contract beyond this date until funds are made available to the Contracting Officer and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Remaining funds will be made available under subsequent CRs or upon enactment of the FY11 budget.

SECTION J

LIST OF ATTACHMENTS

Wage Determinations Online - www.wdol.gov. Department of Labor Wage Determination Number:

2005-2103 REV (10) Date of Revision: 06/15/2010 Area: Washington, DC Click on the following hyperlink. http://www.wdol.gov/wdol/scafiles/std/05-2103.txt

SECTION K

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2010)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

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

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

http://www.wdol.gov/wdol/scafiles/std/05-2103.txt https://www.acquisition.gov/far/current/html/Subpart 12_3.html#wp1084399 http://orca.bpn.gov/

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

“Veteran-owned small business concern” means a small business concern—

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://orca.bpn.gov/ https://www.acquisition.gov/far/current/html/Subpart 4_12.html#wp1073667

(1) Small business concern. The offeror represents as part of its offer that it is, is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it is, is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.

[Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it is, is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

__ 50 or fewer __ $1 million or less

__ 51–100 __ $1,000,001–$2 million

__ 101–250 __ $2,000,001–$3.5 million

__ 251–500 __ $3,500,001–$5 million

__ 501–750 __ $5,000,001–$10 million

__ 751–1,000 __ $10,000,001–$17 million

__ Over 1,000 __ Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price

Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO- Net), and that no…