RFP_16-14_Diversity_Training.pdf

REQUEST FOR PROPOSALS

(THIS IS NOT AN ORDER)

PAGE

OF

PAGES

1. REQUEST NO.

RFP 16-14

2. DATE ISSUED

10/13/2016

3. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1 >

RATING

5A. ISSUED BY

NATIONAL ENDOWMENT FOR THE ARTS (NEA)

400 7th St. SW, 3rd floor

Washington DC 20506

6. DELIVER BY (Date)

5B. FOR INFORMATION CALL: (Name and telephone no.) (No collect calls)

USMAAN Z. CHAUDHRY (202) 682-5494

7. DELIVERY

FOB DESTINATION OTHER (See Schedule)

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

9. DESTINATION (Consignee and address, including ZIP Code)

10. PLEASE FURNISH PROPOSALS TO THE ISSUING OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS (Date)

Please Furnish Proposals no later than:

5:00 PM EST, 27 OCTOBER 2016.

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Proposals must be completed by the quoter.

12. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Proposals are requested to provide a training program for NEA staff and leadership around diversity, equity and inclusion. The focus of this program will be professional development and enhancing skill-sets in the area of diversity, equity and inclusion. All services are requested in accordance with this request for proposal.

NAICS: 611430

PSC: U099

QUESTIONS DEADLINE:

E-mail to chaudhryu@arts.gov by 5:00 PM

EST, 19 OCTOBER 2016.

PROPOSALS DEADLINE:

Proposals must be e-mailed to chaudhryu@arts.gov by the time stated above.

*Faxed proposals will not be accepted.

SEE

PRICING

SCHEDULE

ON PAGE 4

SEE

PRICING

SCHEDULE ON

13. DISCOUNT FOR PROMPT PAYMENT >

10 CALENDAR DAYS

20 CALENDAR

DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. NAME AND ADDRESS OF QUOTER (Street, city, county, State, and ZIP Code)

15. SIGNATURE OF PERSON AUTHORIZED TO SIGN

PROPOSAL

16. DATE OF PROPOSAL

17. NAME AND TITLE OF SIGNER (Type or print)

18. TELEPHONE NO. (Include area code)

Standard Form 18 (Rev. 6-95) file:///C:/Users/shewfelts/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/FZ5SM5JP/contracts@arts.gov mailto:chaudhryu@arts.gov

October 13, 2016

Subject: NEA Request for Proposal (RFP) 16-14

Leadership Development Program

Dear Prospective Offeror:

The National Endowment for the Arts (NEA) invites contractors to submit proposals for the services described in the attached statement of work and request for proposal (RFP). Enclosed you will find a statement of work/solicitation seeking proposals to provide specialized training for the National

Endowment for the Arts (NEA).

SET-ASIDE: This acquisition is a 100% small business (SB) set-side in accordance with FAR 6.203.

Only small businesses eligible under the SB program will be eligible for award. Offers received from vendors that are not small business concerns shall be considered nonresponsive and will be rejected.

IMPORTANT: Vendors considering submitting a proposal for this RFP are requested to make the

Contracting Officer aware of their interest in writing (to chaudhryu@arts.gov) as soon as possible. It is possible that the small business set-aside will be dissolved and instead this RFP will be competed under full and open competition based on demonstrated interest (at agency discretion). Vendors must include the following information when indicating their interest: 1) DUNS #, 2) small business status or otherwise and 3) website or other limited literature/material to indicate capability to competitively provide the services requested in this RFP. Vendors are requested to submit this information by 5:00 PM EST, 17

October 2016.

Notes:

1. Please read all sections of this RFP, including (but not limited to):

a. Section C (description of work);

b. Section F (deliverables schedule);

c. Section L (important guidance/requirements regarding proposal submissions and the agency budget, etc.); and

d. Section M (evaluation criteria).

2. This RFP in no way obligates the Government to award a contract, nor does it commit the

Government to pay any costs incurred in preparing and submitting your proposal.

QUESTIONS DEADLINE: Questions concerning this proposal must be submitted only via email to chaudhryu@arts.gov by 5:00 PM EST, 19 October 2016. PROPOSALS DEADLINE: Proposals must be submitted only via email to chaudhryu@arts.gov by 5:00 PM EST, 27 October 2016.

Sincerely, Usmaan Z. Chaudhry

Contracting Officer

National Endowment for the Arts mailto:chaudhryu@arts.gov

Enclosures:

Part I – The Schedule

Section B, Supplies/Service and Prices

Section C, Description/Specifications/Statement of Work

Section D, Preservation, Packaging and Marking - Not Applicable

Section E, Inspection and Acceptance

Section F, Deliveries or Performance

Section G, Contract Administration Data

Section H, Special Contract Requirements

Part II – Contract Clauses

Section I, Contract Clauses

Part III – List of Documents, Exhibits, and Other Attachments

Section J, List of Attachments - Not Applicable

Part IV – Representations and Instructions

Section K, Representations, Certifications and Other Statements of Offerors

Section L, Instructions, Conditions and Notices to Offerors

Section M, Evaluation Factors for Award

PART I

SECTION B

SUPPLIES/SERVICES AND PRICES

B.1 GENERAL

This solicitation is for acquiring specialized training services. The Contractor shall conduct a leadership development program for NEA staff and leadership. The Contractor shall work with the NEA’s Office of the Chief of Staff in accordance with the included statement of work.

B.2 PRICING

All unit prices are firm fixed rates.

ITEM

No.

SUPPLIES OR SERVICES QTY UNIT UNIT PRICE AMOUNT

Task I:

Initial project planning discussion.

1 Lot $ $

Task II:

Finalize curriculum for staff training and leadership training.

Task III:

Conduct training, including but not limited to facilitation of constructive group dialogue among training participants.

Task IV:

Provide summary and/or tailored toolkit for Agency based on the training.

*FIRM FIXED PRICE GRAND TOTAL:

(Not To Exceed)

*Notes:

1. All-inclusive figure (including, but not limited to, any and all overhead, related costs, travel, etc.).

2. The NEA is a federal agency and exempt from sales tax.

3. Vendors shall expand on/include additional pricing/related information as needed (see Sections L &

M).

B.3 CONTRACT TYPE & TERM

B.3.1 Contract Type

Firm-fixed price contract.

B.3.2 Contract Term

Period of Performance: 3 Months*

*Subject to change. See Section F for more detail on deliverables / period of performance.

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 GENERAL

The National Endowment for the Arts would like to provide specialized training around diversity, equity, and inclusion for staff and leadership. The objective of this solicitation is to procure this training program.

The focus on this program will be professional development and acquisition of skills in the area of diversity, equity and inclusion:

Deepening collaboration and trust throughout the organization;

Fostering a culture of open communication across business lines, disciplines, teams and individuals;

Creating a coaching community in which learning is encouraged and expected at all levels; and

Refining skills in engagement internally and externally around diversity, equity and inclusion with an eye towards best practices.

C.2 SCOPE OF WORK

The Contractor shall provide training for staff and leadership. The focus of the training will be in the area of professional development with respect to diversity, equity and inclusion and skill-sets (such as active listening, diversity sensitivity, management techniques and styles, etc.). This will include, but not be limited to, the following:

Developing a tailored program to enhance communication methods, skills and principles.

Implementing specific curricula to train NEA staff and leadership on diversity, equity and inclusion.

Tasks

The contractor’s specific tasks shall include:

1. Initial discussion with the NEA Chief of Staff to understand needs and goals for the training, including the process for incorporating input from NEA staff and leadership regarding the training.

2. Design and conduct facilitated training for all NEA staff and leadership.

In addition, the contractor shall work with the NEA in the following ways:

Communicate regularly via email or phone with the Chief of Staff regarding the status of work under this contract.

Review any pertinent material determined by the Chief of Staff to be relevant to the training.

Enhancing diversity, equity, and inclusion principles and best practices internally and externally given the mission of the NEA.

C.3 TASK DETAILS

The contractor shall perform the following tasks:

Task 1: Initial Project Planning Discussion

The contractor shall participate in a project planning discussion with the Chief of Staff within 10 days of contract award. The contractor shall submit a final work plan in electronic format 10 days following the meeting to be approved by the Chief of Staff.

Task 2: Finalize curriculum for staff training and leadership training

Design a 3-month facilitated training for NEA staff and leadership. It is expected that a majority of the training will be interactive, using modules, case studies and scenarios that elicit significant participation and are illustrative of best practices involving diversity, equity and inclusion.

Task 3: Conduct Training

Lead training and incorporate facilitation of a constructive group dialogue among training participants to establish open dialogue on diversity, equity, and inclusion and how it fits into work philosophy, and discuss ways to engage internal and external stakeholders.

Task 4: Provide summary and/or tailored toolkit for Agency based on the training

Create a collection of best practices and other modules and present/report to the Chief of Staff.

C.4 TRAVEL

Costs incurred for travel, including costs of lodging, other subsistence, and incidental expenses, shall be considered reasonable and allowable in accordance with the Cost Principles contained in 2 CFR 200.474, and only to the extent such costs do not exceed:

Charges normally allowed by the contractor in its regular operations as a result of an institutional policy; or

In the absence of an institutional policy regarding travel costs, the rates, amounts, limits, and principles as are provided for by government-wide regulation of such costs established in the

Federal Travel Regulation.

If the thresholds listed above translate to varying amounts, the lowest shall apply.

C.5 DATA OWNERSHIP / PERMISSION / ETC.

C.5.1 The Government will retain ownership of and unlimited rights to all products/data created during the performance of this contract.

C.5.2 The Contractor shall ensure that it abides by all applicable copyright laws and, if required, shall obtain the necessary permission/licensing for any and all works utilized in the performance of this contract that are owned by third parties by working with the OGC to ensure all required permissions and licensing are obtained in writing, in proper form, and prior to delivery of final products to the NEA.

C.5.3 The Contractor shall ensure that all data collection activities associated with this contract are in compliance with applicable Federal regulations, including the Paperwork Reduction Act (PRA).

C.6 INFORMATION TECHNOLOGY / SOFTWARE REQUIREMENTS

Any report deliverables resulting from this contract will include a Microsoft Word version of the Report.

Electronic versions of any tables, charts, graphs, and data visualizations should be submitted in the program that was used to create them (e.g., Excel, Photoshop, Tableau). The Contractor shall work with

NEA staff to determine an appropriate and compatible file format to use. The Contractor shall be responsible for ensuring compatibility of all submissions. For clarification on whether or not this requirement applies, the contractor shall seek guidance from the project director.

If applicable, special requirements apply to any electronic products prepared by contractors intended for presentation on the NEA website. The product should be supported by all desktop and portable computers as well as all mobile devices, including tablets and mobile phones. The product should be supported by

ALL mobile operating systems, such as iOS, Android, and Windows Mobile. The product should be responsive. It should adapt to screen size to produce the optimum user experience on desktops, tablets, and mobile phones. The product should be optimized to integrate seamlessly with the NEA’s Drupal 7-based website, taking advantage of Drupal’s strengths and considering its constraints. The product should conform to any NEA website design specifications, including conforming to column widths within the design as necessary. Specific technical guidance will be provided by the NEA’s support contractor at the appropriate stage in the development process. The product should conform to the specified style and UX guidelines. The NEA will provide a design style guide and guidance on UX preferences at the appropriate stage in the development process.

Additionally, the Contractor shall provide all deliverables in compliance with Section 508 requirements

SECTION E

INSPECTION AND ACCEPTANCE

See clause 52.246-4 Inspection of Services—Fixed-Price (AUG 1996). This clause 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:

The contractor shall adhere to the delivery schedule for primary task deliverables presented below:

DELIVERABLE DUE DATE

(Award + X weeks)

Task 1: Initial project planning discussion 1 week

Task 2: Finalize curriculum for staff training and leadership training 3 weeks

Task 3: Conduct training, including but not limited to facilitation of constructive group dialogue among training participants.

6 weeks

Task 4: Provide summary of best practices and/or toolkit tailored for

Agency based on training

12 weeks

F.2 TERM OF CONTRACT

See section B.3.2.

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

Project Director via telephone and follow-up in writing, providing pertinent details. This data shall be informational only in character, and 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.

Deliveries shall be made as immediately as possible after the written notification.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 PROJECT DIRECTOR

G.1.1 Upon award, a Project Director will be designated to coordinate the technical/program aspects of this contract and inspect items/services furnished hereunder; however, he/she 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 inspect and accept all deliverables, direct the contractor within the scope of the statement of work and monitor contract performance. The

Project Director is also authorized to inspect, accept, and certify (but NOT reject or deny) invoices for payment in accordance with enclosed payment terms. If there is a dispute regarding any services or invoices, the Project Director must immediately contact the Contracting Officer and return the invoice with the rationale to reject or deny payment in accordance with the performance associated with the invoice for further processing.

G.1.3 The Project Director for this contract is:

To Be Determined

400 7th St. SW

Washington, DC 20506

(202) 682-XXXX

G.1.4 The Contracting Officer for this contract is:

400 7th St. SW

(202) 682-5494

Written communications shall reference the contract number and shall be e-mailed to the Contracting

Specialist/Project Director as necessary. Project-related questions may be directed to the Project Director while contract/cost related questions must be directed to the Contracting Specialist. Questions regarding any changes to the contract whatsoever must be directed to the Contracting Specialist.

G.2 INVOICE REQUIREMENTS

G.2.1 Payment for actual work and services rendered under this contract 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 electronic commercial invoices to the NEA.

G.2.2. The office that will make the payments due under this contract (i.e., the designated payment office) is shown below. Invoices shall be emailed to the email address below:

NEAINVOICES@ARTS.GOV

Finance Office, 2nd floor

400 7th St. SW mailto:NEAINVOICES@ARTS.GOV

To constitute a proper invoice, the following information and/or attached documentation shall be included with the invoice.

1. Name and address of the Contractor.

2. Invoice date.

3. Contract number.

4. Period covered by the invoice.

5. Number and description, quantity, unit price and extended total for the period covered applicable to Section B, Supplies/Services and Prices.

6. Cumulative amounts billed by to date.

7. Name and address of Contractor official to whom payment is to be sent

(must be the same as that in the contract or in a proper notice of assignment).

8. Taxpayer Identification Number.

9. Data Universal Numbering System (DUNS) Number.

10. Project Director’s name.

11. Supporting invoices/documentation (especially for travel).

PLEASE NOTE:

The contractor is required to be registered in the System for Award Management (SAM) at:

https://www.sam.gov/portal/public/SAM/. (This was previously known as CCR - the Central Contractor

Registration.)

Assistance with SAM account may be found here: https://www.fsd.gov/app/answers/list.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 SPECIAL CONTRACT REQUIREMENTS

H.1.1 Private Use of Contract Information and Data

In accordance with the Federal Acquisition Regulation (FAR) 52.227-14(b) Rights in Data-General, the

Contractor shall guarantee strict confidentiality of the information and data that is provided by the

Government during the performance of the contract. The Government has determined that some of the information and 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.1.2 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 Regulation

(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?

https://www.sam.gov/portal/public/SAM/ https://www.fsd.gov/app/answers/list

C. The government and the Contractor understand and agree that the support services to be delivered under this contract are non-personal 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.

PART II

SECTION I

CONTRACT CLAUSES

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

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract 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 account for all forms of Government-provided identification issued to the

Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a

Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

52.212-4 Contract Terms and Conditions--Commercial Items (MAY 2015) - Incorporated By

Reference

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

Orders- Commercial Items (JUN 2016)

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

X (54) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

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

(End of Clause)

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 15 days.

52.219-6 -- Notice of Total Small Business Set-Aside (NOV 2011)

(a) Definition. “Small business concern,” as used in this clause, 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 size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in

8.405-5 and 16.505(b)(2)(i)(F).*

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.227-14 - Rights in Data-General (DEC 2007) - Incorporated By Reference

52.233-1 – Disputes (MAY 2014) Alternate I (DEC 1991) – Incorporated By Reference

52.243-1 - Changes – Fixed-Price (AUG 1987) Alternate III (APR 1984)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the

Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the

Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(f) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Contracting Officer.

52.243-7 - Notification of Changes (APR 1984)

(a) Definitions. “Contracting Officer,” as used in this clause, does not include any representative of the

Contracting Officer.

“Specifically Authorized Representative (SAR),” as used in this clause, means any person the

Contracting Officer has so designated by written notice (a copy of which shall be provided to the

Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting

Officer in writing promptly, within 7 calendar days from the date that the Contractor identifies any

Government conduct (including actions, inactions, and written or oral communications) that the

Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state –

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including --

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor’s estimate of the time by which the Government must respond to the

Contractor’s notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the

Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within _____ (to be negotiated) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting

Officer shall either –

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor’s notice information is inadequate to make a decision under subparagraphs (d) (1), (2), or (3) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made --

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the

Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor’s failure to provide notice or to continue performance as provided, respectively, in paragraphs (b) and (c) of this clause.

NOTE: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

52.246-4 - Inspection of Services -- Fixed-Price (AUG 1996) (Incorporated By Reference)

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 all FAR clauses may be accessed electronically at the following link:

http://www.acquisition.gov/far/.

(End of clause)

PART IV

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

Each offeror must also have their representations and certifications filed online in SAM (System For

Award Management found at https://www.sam.gov/portal/public/SAM/). If an offeror is experiencing technical difficulties during this process and is not registered at the time of proposal submission, a manually filled copy of the clause 52.212-3 Offeror Representations and Certifications - Commercial

Items (MAR 2015) must be turned in along with the proposal. This shall not count towards any stated page limits for the proposal.

Registering an active account in SAM is REQUIRED for contract award. For assistance with creating a

SAM account, please visit the link in the paragraph above.

SECTION L

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.212-1 Instruction To Offerors--Commercial Items (APR 2014)

(a) North American Industry Classification System (NAICS) code is 611430 and the size standard is $11.0 millions of dollars.

(b) Submission of Offers. The written proposal should be no more than 25 pages, single spaced, in

12-point font (not including attached resumes and pricing table), and submissions shall address at a minimum:

General:

o Signed SF 18: Offerors must submit a signed copy of the Standard Form 18, page 1 (of this solicitation).

o Offeror’s DUNS number.

o The offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct clarifications, if later determined to be necessary. Offerors may be given an opportunity to clarify certain aspects of their proposals.

Contractor’s Understanding of Project & Proposed Approach (Maximum 5 pages)

Outline your general understanding of the project and your proposed approach. Explain your understanding of the goals of the project.

Work Plan (Maximum 10 pages)

Provide a detailed work plan that addresses the successful completion of the tasks enumerated above. Describe how the tasks will be completed.

Description of Organizational Qualification / Past Performance (Maximum 5 pages) https://www.sam.gov/portal/public/SAM/

In this section, provide satisfactory evidence of your organizational capacity to effectively conduct the tasks described. In particular, please address the requirements listed in Section C.2.

Description of Personnel Qualifications (Maximum 5 pages)

Describe the qualifications and skills of staff and consultants assigned to this project and their familiarity and experience with the topic and areas relevant to this project. Detail related assignments, including experience in coaching and training. Include examples of work previously completed by project personnel.

Price

Provide a complete Pricing Table in Section B and include additional pricing information.

Prices shall include all direct and indirect costs and any other factor which contributes to the total firm-fixed price. In addition, provide a breakdown of project costs by personnel (including daily rate and projected time on each task), supplies, travel, etc., associated with the tasks.

Specify services to be outsourced to other agencies or subcontractors.

Budget

The estimated budget for this project is $75,000.00. This amount has some room for upward flexibility.

Representations and Certifications

A completed copy of the Representations and Certifications (see Section K).

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) NA

(e) NA

(f) Late submissions, modifications, revisions, and withdrawals of offers. Proposal submissions/modifications/revisions, etc. shall be handled in accordance with this provision.

(Incorporated By Reference).

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) NA

(i) NA

(j) Data Universal Numbering System (DUNS) Number. The offeror shall enter its DUNS number on the cover page of its offer.

(k) System for Award Management. Please see Section K of this contract.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the government will do so in accordance with this provision. (Incorporated By Reference)

(End of provision)

SECTION M

EVALUATION FACTORS FOR AWARD

FAR 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, taking into account price and other factors.

The Government will award a contract on a 'best-value' basis. For each evaluation factor, a point scoring system will be used to rank all proposals, using a rating scale of 100%. The evaluation will include the following five (5) major areas:

1. Contractor’s Understanding of Project and Proposed Approach (35%)

2. Work Plan (20%)

3. Description of Organizational Qualifications / Past Performance (20%)

4. Description of Personnel Qualifications (15%)

5. Price (10%)

Additionally, all proposals must meet Section 508 requirements in order to be eligible for award.

In order to select the winning offeror:

Proposals will be evaluated by a technical evaluation team in accordance with a 'best value' evaluation method.

Each proposal evaluated will be given a score for each evaluation criterion listed above, ranging from 0 to the maximum allowable for each category (with a maximum of 100% for all categories).

Category scores will be summed up to receive a total score for each proposal to determine the proposal providing the best value.

As reflected in the weighted scoring stated above, the four (4) technical factors combined are more important than price.

In order to select the winning offeror, NEA will follow the above rating scale and furthermore may rank offerors from best to worst by making paired comparisons, trading off the marginal differences in capability and price. If one offeror has both the better capability and the lower price, then that offeror will be the better value. If one offeror has the better capability and the higher price, then the technical evaluation panel will decide whether the marginal difference in capability is worth the marginal difference in price. If the technical evaluation panel considers the better capability to be worth the higher price, then the more capable, higher-priced offeror will be the better value. If not, then the less capable, lower-priced offeror will be the better value. If more than two proposals are received, the technical evaluation panel may continue to make paired comparisons until s/he decided which offeror represents the best value.

EVALUATION CRITERIA

1. Overview of the Contractor’s Understanding of Project and Proposed Approach (35%)

Proposal presents a clear understanding of the agency’s mission and the project; provides the offeror’s approach to tasks that are similar in scope and size to this project and the outcomes from those projects and identifies potential challenges in the conduct of the project and methods to identify and solve such problems. The approach must be consistent with the goals of the project and should be reflected in each aspect of the proposal.

2. Work Plan (20%)

Proposal provides a detailed plan that addresses the successful and timely completion of the tasks enumerated in the statement of work; proposal provides a clearly laid out timeline and a description of how the offeror’s team shall work together and which staff member will manage each task.

3. Description of Organizational Qualifications / Past Performance (20%)

Proposal describes offeror’s general expertise, past experience and testimonials; describes the offeror’s work with organizations of similar type and size; includes samples of previous work that demonstrate the ability to analyze project requirements to design course materials that align with the specific needs of the customer.

4. Description of Personnel Qualifications (15%)

Provides evidence of the specific qualifications and skills of staff assigned to this project and their familiarity and experience with the topic and areas relevant to this project. Skills in teaching, facilitation, project management and verbal and written communication should be evident where appropriate.

5. Price (10%)

The proposed budget is appropriate to the administration of the project. The Government will evaluate the contractor’s proposed prices to make a determination that the costs are fair and reasonable in relation to the services provided. The contractor shall provide a reasonable breakdown of their costs to allow the Government to make an assessment of the various components of the overall price.

(b) N/A

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

52.215-1 Instructions to Offerors – Competitive Acquisition (JAN 2004)

(f) Contract Award.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors

(except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the

Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(End of provision)

END OF DOCUMENT