RFP_17-14_Research_&_Evaluation_Services_BPAs.pdf

REQUEST FOR PROPOSALS

(THIS IS NOT AN ORDER)

PAGE

OF

PAGES

1. REQUEST NO.

RFP 17-14

2. DATE ISSUED

9/14/2017

3. REQUISITION/PURCHASE REQUEST NO.

N/A

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 MONDAY, OCTOBER 16, 2017

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 for a variety of research and evaluation services as described in this solicitation for the purpose of establishing blanket purchase agreements

(BPAs) for the NEA.

NAICS: 541720

PSC: AJ72

QUESTIONS DEADLINE:

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

EST SEPTEMBER 21, 2017

PROPOSALS DEADLINE:

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

*Faxed proposals will not be accepted.

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

September 14, 2017

Reference: Research & Evaluation Services

Subject: Request for Proposal (RFP) 17-14

Dear Prospective Offeror:

This is a combined synopsis/solicitation issued in accordance with FAR Part 13. The National

Endowment for the Arts (NEA) invites contractors to submit proposals for the services described in this solicitation. The NEA seeks proposals for the purpose of establishing Blanket Purchase Agreements

(BPAs) with vendors providing research and evaluation services in the areas described in Section 1.

SET-ASIDE: This acquisition is a 100% small business set-side in accordance with FAR 6.203. Only concerns eligible under the small business program will be eligible for award. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

Proposals from offerors that are qualified in both areas of service specified in the statement of work

(Section 1.3) are preferred. However, proposals are also desired from vendors that are qualified in only one (1) of the desired areas. Please read all sections of this RFP.

Task Order Statements of Work (2):

This BPA solicitation includes two (2) statements of work (see attachments) for actual work the agency intends to award via this BPA. Offerors are encouraged to review both statements of work (SOW) and submit offers for each. Responses to the BPA solicitation and each SOW must be entirely separate and

CLEARLY MARKED. See further instructions in Section 10.

This RFP in no way obligates the government to establish a BPA nor does it commit the government to pay any costs incurred in preparing and submitting proposals.

QUESTIONS DEADLINE: Questions concerning this proposal must be submitted only via email to chaudhryu@arts.gov by 5:00 PM EST, September 21, 2017.

PROPOSALS DEADLINE: Proposals must be submitted only via email to chaudhryu@arts.gov by 5:00

PM EST, October 16, 2017.

Sincerely, Usmaan Z. Chaudhry

Contracting Officer

National Endowment for the Arts

Enclosures:

Section 1: General

Section 2: Extent of Obligation

Section 3: Purchase Limits

Section 4: Individuals Authorized to Place Orders

Section 5: Task Orders

Section 6: Price List / Services Covered

Section 7: BPA Administration Data

Section 8: Clauses / Special Requirements

Section 9: Representations, Certifications & Other Statement of Offerors

Section 10: Instructions, Conditions & Notices to Offerors

Section 11: Evaluation Factors

Section 12: Attachments

BLANKET PURCHASE AGREEMENT

STATEMENT OF WORK

1. GENERAL

1.1 Background

The National Endowment for the Arts (NEA) was established by Congress in 1965 as an independent agency of the federal government. To date, the NEA has awarded more than $5 billion to support artistic excellence, creativity, and innovation for the benefit of individuals and communities. The NEA extends its work through partnerships with state arts agencies, regional arts organizations, local leaders, other federal agencies, and the philanthropic sector.

As part of its Strategic Plan for 2014-2018, the NEA has pledged “to promote public knowledge and understanding about the contributions of the arts” (Strategic Goal 3). In pursuit of this goal, the NEA’s

Office of Research & Analysis (ORA) seeks to:

Identify and cultivate new and existing data sources in the arts;

Investigate the value of the U.S. arts ecosystem and the impact of the arts on other domains of

American life; and

Elevate the public profile of arts-related research.

The NEA intends to establish a number of Blanket Purchase Agreements (BPAs) with contractors for the above research and evaluation services. The agency intends to utilize the established BPAs to strategically source services in the areas specified in section 1.3 by leveraging its buying power through volume purchasing, streamlining ordering procedures and reducing procurement lead time; this will result in a more efficient purchasing mechanism for services needed on a recurring basis. The agency shall utilize the BPAs on an ‘as-needed’ basis when these services are required. Many, if not most, of these services will align directly with the ORA’s 5-year research agenda.

1.2 Period of Performance

BPA: Date of Award + 5 years

Orders: Each task order shall have its own period of performance as stated in that order.

(Or until BPA dollar limit(s) is (are) reached - whichever comes first).

1.3 Scope (Areas of Service)

This RFP seeks proposals for a variety of services for the NEA’s ORA in the following two (2) areas:

1) Research & Analysis Services;

2) Evaluation & Performance Measurement Services.

Further details on these areas may be found in in sections 1.3.1 and 1.3.2.

The agency may add services within the scope of the BPAs at a later time contingent on the Contractor’s ability to provide such services.

All guidance provided in the BPA is applicable to each order issued against the BPA, as applicable.

http://www.arts.gov/ https://www.arts.gov/sites/default/files/NEAStrategicPlan2014-2018.pdf https://www.arts.gov/sites/default/files/nea-five-year-research-agenda-dec2016.pdf

1.3.1 Research & Analysis Services

Research into the value and impact of the arts is a core function of the NEA. Through its ORA, the NEA brings social scientific methods and behavioral research to bear on these investigations, in a bid to strengthen public knowledge about the arts’ benefits for individuals and communities. ORA-generated content is distributed via the NEA website, email lists, and social media, through reports, briefs, interactive data visualizations and statistical tables, and through a monthly blog post and quarterly e-newsletter.

See attachments for a document containing a hyperlinked list of previous RFPs requiring research and analysis services. Additionally, please see the Office of Research & Analysis webpage on the NEA website for recent ORA publications and other products. In addition, the NEA’s five-year research agenda for FY 2017-2021 covers several projects that may be executed under this BPA.

The Contractor shall:

Conduct tasks associated with research and analysis services include the following:

o Conduct literature reviews on assigned arts and culture topics.

o Plan studies of varying research designs including, but not limited to, quasi-experimental, field surveys, secondary data analysis, case research, ethnography, and focus group research.

o For secondary data analysis projects, analyze and report on arts and cultural data by conducting quantitative analysis including descriptive and inferential statistical analysis.

Data sources include large, nationally and/or subnationally representative federal datasets and publically available datasets. For examples of publicly accessible data sources that include arts-related variables, see this list as well as U.S. Census Bureau survey and program data.

o Establish and convene technical working groups to advise the Contractor and the NEA on the conduct of research and analysis studies including, but not limited to: conducting research design, instrumentation, data collection and analysis, and drafting research reports.

o Produce detailed statistical plans and conduct statistical audits. The NEA engages in extensive review of all documents that are to be published, including data and data analysis documents. Submit any raw data files and logs of data management and analysis codes created.

o Coordinate its own Institutional Review Board (IRB) approval for the piloting, field testing, and full scale data collection as needed.

o Identify and/or prepare data collection instruments. For instruments where validity or reliability are not yet well established, the Contractor shall pilot test instruments.

o Prepare all relevant Office of Management & Budget (OMB) forms and justification for forms clearance packages that include all data collection instruments.

o Collect and analyze quantitative and qualitative data from sources including, but not limited to, existing datasets, social media data, administrative records, web scrapes, surveys, focus groups, interviews, and observations.

o For projects using or generating large datasets, create Technical User’s Guides with accompanying data dictionary and data files. See SPPA User’s Guide and Data

Dictionary as an example. The Contractor must submit all raw data files and logs of data management and analysis codes in .txt formats, specifying the statistical program for https://www.arts.gov/artistic-fields/research-analysis https://www.arts.gov/grants-organizations/research-art-works/publicly-available-data-sources https://www.census.gov/programs-surveys/surveys-programs.html https://www.arts.gov/sites/default/files/2012-sppa-data-users-guide-revised.pdf https://www.arts.gov/sites/default/files/2012-sppa-data-users-guide-revised.pdf which codes were written, or work with NEA staff to determine an appropriate file format to use.

o Provide displays of quantitative information using charts, tables, graphs, maps, and other visualizations.

o Write and produce research reports in a variety of formats including, but not limited to, executive summary reports, detailed reports with technical appendices, presentations, literature reviews, and data visualizations. Reports must provide results in a concise and readable form accessible to a wide readership.

Attend a project kick-off meeting (for each task order) with the Contracting Officer, the Project

Director, other ORA representatives and possibly additional agency staff to discuss the project’s purpose and goals. Within one week of the kick-off meeting, the Contractor shall prepare and submit a memorandum summarizing the discussion and any decisions reached. Throughout the course of the project, Contractor will attend meetings as required, in person or by teleconference, and submit meeting minutes to the Project Director.

Prepare and monitor detailed project timelines and deliverable schedules. The Contractor shall provide for up to three (3) rounds of NEA feedback on each deliverable, which the Contractor shall incorporate before submitting the final versions of each. The Contractor shall account for the rounds of feedback when preparing a detailed timeline.

1.3.2 Evaluation & Performance Measurement Services

In addition to conducting research and analysis, the NEA’s ORA works closely with other NEA offices on performance measurement and program evaluation. Performance measurement activities include establishing performance indicators, collecting and/or analyzing performance data, and reporting results in the Agency’s annual performance report to Congress. For agency staff, the ORA also runs analyses of NEA grants data upon request and in periodic reports to senior management. The ORA also provides evaluation support to agency program staff, including leading evaluation studies of major agency initiatives and programs.

See attachments for a document containing a hyperlinked list of previous RFPs requiring evaluation and performance measurement services.

The Contractor shall:

Conduct tasks associated with evaluation and performance measurement services to include the following:

o Develop literature reviews and logic models, theories of change, and other conceptual frameworks supporting the monitoring and evaluation of NEA programs/initiatives.

o Plan evaluation studies of varying research designs including, but not limited to, quasi-experimental, field surveys, secondary data analysis, case research, ethnography, and focus group research.

o Produce detailed evaluation plans and conduct statistical audits. The NEA engages in extensive review of all documents that are to be published, including data and data analysis documents. Submit any raw data files and logs of data management and analysis codes created.

o Establish and convene technical working groups to advise the Contractor and the NEA on the conduct of evaluation studies including, but not limited to: conducting evaluation design, instrumentation, data collection and analysis, and drafting evaluation reports.

o Coordinate its own Institutional Review Board (IRB) approval for the piloting, field testing, and full scale data collection as needed.

o Identify and/or prepare data collection instruments. For instruments where validity or reliability are not yet well established, the Contractor shall pilot test instruments.

o Prepare all relevant OMB forms and justification for forms clearance packages that include all data collection instruments.

o Collect and analyze quantitative and qualitative data from sources including, but not limited to, existing datasets, social media data, administrative records, web scrapes, surveys, focus groups, interviews, and observations.

o Report findings to various stakeholder groups, including senior agency leadership and the public, through multiple methods, including executive summary reports, detailed reports, presentations, and other formats. Reports must provide results in a concise and readable form accessible to a wide readership and present quantitative information using charts, tables, graphs, and other visualizations.

o Provide evaluation and performance measurement support and training (planning, design, methods and tools, data collection and analysis, reporting, etc.) to build the capacity of

NEA staff and/or grantees.

Attend a project kick-off meeting (for each task order) with the Contracting Officer, the Project

Director, other ORA representatives, and possibly other agency staff to discuss the project’s purpose and goals. Within one week of the kick-off meeting, the Contractor shall prepare and submit a memorandum summarizing the discussion and any decisions reached. The Contractor shall attend meetings as required, in person or by teleconference, and submit meeting minutes to the Project Director.

Prepare and monitor detailed project timelines and deliverable schedules. The Contractor shall provide for up to three (3) rounds of NEA feedback on each deliverable, which the Contractor shall incorporate before submitting the final versions of each. The Contractor shall account for the rounds of feedback when preparing a detailed timeline.

1.4 Specific Requirements

Specific requirements for each task order will depend on the services requested in that order and will be detailed in the statement of work included with each order.

1.5 Key Personnel

To be determined.

Established BPAs are contingent on specific key personnel. Any changes in key personnel must be approved by the agency. The Contractor shall notify the contracting officer and project director as soon as it is aware of a possible upcoming change in personnel. The Contractor is also responsible for providing the agency with potential replacement options (resume, qualifications, etc.).

1.6 Points of Contact

1.7 Information Technology / Software Requirements

Each report deliverable resulting from this BPA will include a Microsoft Word version of the report.

Consistent with other NEA publications, reports should follow The Chicago Manual of Style and the

NEA style guide, which will be provided to the contractor at the time of each task order as necessary.

Electronic versions of all tables, charts, graphs, and data visualizations should be submitted in the program that was used to create them (e.g., Excel, Photoshop, and Tableau). The Contractor must also submit all raw data files and logs of data management and analysis codes in raw / .txt formats, specifying the statistical program for which codes were written. The Contractor shall work with the agency to determine an appropriate and compatible file format to use. The Contractor shall be responsible for ensuring compatibility of all submissions.

Special requirements apply to all electronic products prepared by Contractors intended for presentation on the NEA website (arts.gov). The products should be supported by all desktop and portable computers as well as all mobile devices, including tablets and mobile phones. The products should be supported by

ALL mobile operating systems, such as iOS, Android, and Windows Mobile. The products should be responsive, and should adapt to various screen sizes to produce the optimum user experience on desktops, tablets, and mobile phones. The products 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 products 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 web support Contractor at the appropriate stage in the development process, if needed. The products should conform to the specified style and User Experience (UX) guidelines. The NEA will provide a design style guide and guidance on UX preferences at the appropriate stage in the development process.

1.7.1 Section 508

Section 508 requirements (Government Product / Service Accessibility Template – GPAT, etc.) will be included with individual task orders, as applicable.

1.8 Travel

All travel costs associated with specific task orders will be governed in accordance with the Federal

Travel Regulation and FAR 31.205.46. The Contractor shall notify the Contracting Officer in the proposal

(the proposal submitted in response to the RFP issued for each upcoming task order) of any requirement for travel and per diem expenses for the upcoming task order (prior to traveling). The proposal shall include a complete breakdown of the known and anticipated travel costs.

Task orders shall include a “not to exceed” limit on travel costs based on the Contractor’s proposal; the

Contractor shall be reimbursed up to this amount contingent on supporting documentation (receipts, etc.)

submitted with invoices verifying the costs were incurred.

Any 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.

2. EXTENT OF OBLIGATION

The NEA is obligated only to the extent of actual BPA orders placed against the BPA authorized by a

Contracting Officer. The agency shall not be obligated until (and the Contractor shall not incur any cost until) and unless any such orders are issued.

3. PURCHASE LIMITS

Individual Order Limit: $500,000.00

Master BPA Limit: $5,000,000.00

4. INDIVIDUALS AUTHORIZED TO PLACE ORDERS

The following individuals are authorized to place orders against this BPA.

Only the above individuals are authorized to place orders against this BPA. The Contractor shall not honor orders placed by any individual not listed above.

The Contractor, its employees, and subcontractors/consultants are not authorized to accept any requests for work, or honor any changes or revisions which may incur cost or affect prices unless authorized by the

Contracting Officer. The contractor may not accept any interpretations (of this BPA / task orders) provided by anyone other than the Contracting Officer.

The Contracting Officer(s) listed herein are the only individuals authorized to interpret contract terms and conditions as well as make and approve any changes to the requirements or terms and conditions contained in the BPA and individual task orders. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made to cover any increase in cost incurred as a result thereof.

5. TASK ORDERS

5.1 Task Orders Type

Task orders executed against this BPA shall be firm-fixed price orders to the maximum extent practicable.

Time & materials / labor-hour orders may only be issued if justified in accordance with FAR 8.404(h).

The agency shall develop a statement of work for each task order; all orders shall specify a price for the performance of the tasks included in the statement of work.

For orders that exceed the simplified acquisition threshold, the agency shall seek a price reduction from the Contractor.

5.2 Ordering Procedures

The procedures below generally reflect the guidance at FAR 8.405-3(c) Ordering from BPAs. The following details the general sequence of events that will occur for each task order placed under this BPA:

1. Requirement is made known; the agency will develop an RFP for this work.

2. Funding is secured (some, or all funding, may be subject to availability of funds);

3. The agency will review the BPA SOW to ensure the upcoming RFP fits within the scope of the

BPA;

4. Contracting Officer conducts competition amongst BPA holders to ensure fair opportunity;

a. Contracting officer provides RFP to all BPA holders for proposal submission;

5. BPA holders submit proposals to Contracting Officer;

6. Contracting Officer and ORA evaluate proposals;

7. Contracting Officer communicates with BPA holders as needed to discuss and finalize all work details;

8. Agency selects awardee;

9. Contracting Officer authorizes Contractor to begin work;

a. This step may be accomplished in one of two ways:

1) Via the issuance of a BPA task order by the Contracting Officer, which will incorporate the work requested and funding required (pending availability);

2) Via the possible issuance of a “notice to proceed” instrument by the Contracting Officer;

10. Contractor begins work with NEA’s ORA (or other designated parties as instructed);

11. Contractor submits invoice(s) through-out period of performance;

12. Agency works with Contractor and oversees performance as needed;

13. Performance and payment for services are both complete.

For further guidance, see FAR 8.405-3 (c).

5.3 Competition

For each purchase, the agency shall conduct competition as determined necessary amongst all BPA holders; this will be achieved by issuing RFPs. At the agency’s discretion, this may be supplemented by competition outside of the BPA holders. RFPs will include a statement of work (SOW), additional applicable content regarding the work requested, time-line information, and any applicable evaluation criteria.

5.4 Quoting Procedures

This guidance is for BPA holders when responding to RFPs issued by the Contracting Officer for potential orders against this BPA.

Proposals must:

1. Clearly communicate the grand total price for all services requested in the RFP;

2. Include a cost breakdown of the total price sufficient to allow the government to evaluate the various cost components;

a. The cost breakdown shall include all expected travel costs;

3. Be addressed to an NEA Contracting Officer;

4. Clearly address all requirements of the RFP, including, but not limited to (as necessary):

a. Statement of work

b. Technical approach;

c. Timeline for tasks;

d. Evaluation criteria

i. Each RFP may contain its own evaluation criteria applicable to that particular upcoming task order. The evaluation criteria may include qualitative criteria in addition to price.

5. Respond to the particular requirements of each RFP issued under this BPA.

5.5 Funding & Incurring Costs

At the time of task order issuance, funding may be partially or wholly pending availability. The

Contractor shall not incur any costs for any order prior to receiving confirmation from the Contracting

Officer that funds are allocated and available for each order. In the case of partial funds availability, the

Contractor shall ensure that costs incurred do not exceed the amount of funds available. The

Government’s obligation is contingent upon the availability of appropriated funds from which payment for services can be made. No legal liability on the part of the Government for any payment beyond the amount of available funds may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the

Contracting Officer.

5.6 Communicating Orders to Contractor

For any given task order, the Contracting Officer shall clearly communicate to the Contractor that work may begin. This may be achieved either through the issuance of a BPA task order or a notice to proceed, at the Contracting Officer’s discretion. The Contractor shall not take direction to start work from any individual other than the Contracting Officer(s) listed in section 4. Upon this communication, the

Contractor may begin work.

If the Contractor is ever in doubt regarding an order, he/she is responsible for communicating with the

Contracting Officer prior to rendering services.

6. PRICE LIST / SERVICES COVERED

6.1 Price List

The price list incorporated in the BPA shall remain in effect for the life of the BPA unless otherwise agreed upon by both the government and the Contractor.

6.2 Services Covered

See sections 1.3.1 – 1.3.2 for a description of the services covered under this BPA.

6.3 Price Adjustments

See Price Verification Clause, section 8.

7. BPA ADMINISTRATION DATA

7.1 Project Director

Upon award, a Project Director and/or Technical Lead will be designated to coordinate the technical/program aspects of each task order and inspect items/services furnished hereunder; however, he/she shall NOT be authorized to change any terms and conditions of the BPA, including price. Only the

Contracting Officer is authorized to review and approve any changes to the BPA or task orders issued hereunder.

The NEA Project Director(s) is (are) authorized to inspect and accept all deliverables, direct the

Contractor within the scope of the statement of work, and monitor BPA 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 with the rationale to reject or deny payment in accordance with the performance associated with the invoice for further processing. The

Contractor is also responsible for informing the Contracting Officer of any such issues he/she is aware of.

The Project Director for this BPA is:

To be determined at time of each order.

The project director shall be an individual from the NEA’s ORA (or a designee). See table in Section 1.5 under ‘BPA Project Directors’ for a list of possible project directors.

The project director applicable to each order will be communicated to the contractor at the time of the order.

The Contracting Officer for this BPA is:

400 7th St. SW

Washington, DC 20506

(202) 682-5494

BPA holders may take guidance from any NEA Contracting Officer. This applies to all situations where a Contracting Officer’s review, approval, interpretation, or input of any kind is required.

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

Officer/Project Director as necessary. Project-related questions may be directed to the Project Director while BPA/cost-related questions must be directed to the Contracting Officer. Questions regarding any changes to the BPA whatsoever must be directed to the Contracting Officer. Any changes to the BPA may only be reviewed and approved by the Contracting Officer.

7.2 Invoice Requirements

Payment for actual work and services rendered under this BPA will be made by the National

Endowment for the Arts via Electronic Funds Transfer (EFT) and in accordance with clauses 52.212-4

Contract Terms and Conditions–Commercial Items (JAN 2017), and 52.232-34 Payment by Electronic

Funds Transfer–Other Than System for Award Management (JUL 2013), upon submission of electronic commercial invoices to the NEA.

An itemized invoice shall be submitted at least monthly (or upon expiration of this BPA) for all services rendered during a billing period for which payment has not been received.

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

NEAINVOICES@ARTS.GOV

Mailing address provided for purposes other than invoice submittal (as needed):

Finance Office, 2nd floor

400 7th St. SW

Washington, DC 20506

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. BPA number.

4. Period covered by the invoice.

5. Description of services rendered (quantity, unit price and extended total for the period covered).

6. Cumulative amounts billed to date.

7. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the BPA 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 receipts/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/.

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

7.3 Inspection & 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 all BPA orders by controlling the quality of all services rendered and ensuring performance of all BPA requirements.

7.4 Timeline for Performing Requirements

mailto:NEAINVOICES@ARTS.GOV https://www.sam.gov/portal/public/SAM/ https://www.fsd.gov/app/answers/list

Performance schedules shall be provided, as applicable, upon the issuance of each task order.

7.5 Notice to the Government of Delays

Required services for each order shall begin as communicated by the Contracting Officer. The Contractor is responsible for carrying out its obligations under each task order by controlling the quality of all services rendered and ensuring performance of all BPA requirements. To this end, the Contractor shall establish, maintain, and manage quality control throughout the life of this BPA. In the event the

Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the BPA performance schedule, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this BPA, the Contractor shall immediately notify the Contracting Officer and the Project Director, via telephone and following up in writing (notification via email is required, non-email written notification is optional), providing pertinent details along with an updated performance time-frame. This data shall be informational only 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 BPA. Deliveries shall be made as immediately as possible after the written notification.

8. CLAUSES / SPECIAL REQUIREMENTS

8.1 Data Handling

Private Use of BPA 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 BPA. The Government has determined that some of the information and data that the Contractor will be provided during the performance of the BPA is of a sensitive nature and cannot be disclosed in any manner.

8.2 Data Ownership / Permission / Etc.

The agency will retain ownership of and unlimited rights to all products (data, files, videos, scripts, etc.)

created during the performance of this contract.

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 NEA’s Office of General Counsel to ensure all required permissions and licensing are obtained in writing, in proper form, and prior to delivery of final products to the NEA.

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.

8.3 Additional Clauses

Prohibition against Soliciting and Performing Personal Services

A. The performance of personal services under this BPA 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 BPA arrangement must be judged in light of its own facts and circumstances, but the question relevant to personal services is: Will the Government exercise relatively continuous supervision and control over the Contractor personnel performing this BPA?

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

D. Contractor personnel under this BPA 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 BPA 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 BPA.

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.

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 (JAN 2017) - Incorporated By

Reference

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

Orders- Commercial Items (JAN 2017)

(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 (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(Jul 2013) (31 U.S.C. 3332).

(End of Clause)

52.219-6 – Notice of Total Small Business Set-Aside (NOV 2011) – Incorporated By Reference

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

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

Price Verification Clause

Price adjustments include price increases and price decreases. Adjustments will be considered as follows:

(a) Contractors shall submit price decreases anytime during the BPA period of performance to the

Contracting Officer. The contractor shall submit a price decrease if it grants more favorable pricing or discounts than those on which the BPA establishment was predicated.

(b) Contractors may request price increases under the following conditions:

(1) Increases resulting from a change in the Contractor's pricing that was used as the basis for the established BPA.

(2) Only three increases will be considered during the life of the BPA.

(3) Increases are requested after the first 12 months of the BPA period of performance and prior to the last 60 days of the contract period.

(4) At least 12 months elapse between requested increases.

(c) The aggregate of the increases in any contract unit price under this clause shall not exceed 10% of the original unit price of the applicable line item(s). The Government reserves the right to raise this ceiling where changes in market conditions during the contract period support an increase.

(d) The following material shall be submitted with the request for a price increase:

(1) A copy of the contractor’s pricing showing the price increase and the effective date.

(2) Sufficient documentation supporting the price increase to allow the Contracting Officer to evaluate the reasonableness of the increase.

(e) The Government reserves the right to exercise one of the following options:

(1) Accept the Contractor's price increases as requested when all conditions of this clause are satisfied;

(2) Negotiate more favorable discounts from the new pricing when the total increase requested is not supported; or,

(3) Remove the product(s) from the BPA, when the increase requested is not supported.

(f) The BPA modification reflecting the price adjustment shall be signed by the Government and made effective upon receipt of notification from the Contractor provided that in no event shall such price adjustment be effective prior to the effective date of any applicable commercial, or otherwise, price increases. The increased pricing shall apply to orders issued to the Contractor on or after the effective date of the BPA modification.

9. REPRESENTATIONS, CERTIFICATIONS & 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 2016) 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 establishing a BPA. For assistance with creating a SAM account, please visit the link in the paragraph above.

10. INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

52.212-1 Instruction to Offerors--Commercial Items (OCT 2015)

(a) North American Industry Classification System (NAICS) code is 541720 and the size standard is

$20.5M.

(b) Submission of Offers.

The written proposal should be no more than 15 pages, single spaced, in 12-point font (not including attached resumes and pricing table). The number of separate files included in the submission shall not exceed 5. Submissions shall address the following, at a minimum:

1. General

The offeror’s initial proposal shall contain the offeror’s best terms from both a cost/price and technical standpoint. (The agency reserves the right to conduct discussions, if later determined to be necessary.) Offerors may be given an opportunity to clarify certain aspects of their proposals.

Proposals from offerors that are qualified in both areas of service specified in the statement of work

(Section 1.3) are preferred. However, proposals are also desired from vendors that are qualified in only one (1) of the desired areas:

https://www.sam.gov/portal/public/SAM/

1) Research & Analysis Services

2) Evaluation & Performance Measurement Services

Offerors must clearly communicate in their proposal the area(s) for which they are offering services.

Proposals must address the following (see Section M for more information):

Offeror’s Understanding of Required Services.

Organizational and Personnel Qualifications (Based on Technical Competencies), including

Past Performance.

Price.

2. Price

Offerors shall provide a complete price list with appropriate unit / hourly rates. Prices provided shall include unit prices for all possible levels of offeror staff (principal researchers, research assistants, etc.) and any other costs which may be incurred in the performance of the work (including direct/indirect costs, travel, etc.). Since each BPA established will include a price list, offeror’s submitted price list must include all costs the government may incur in performance of the work described.

To the extent practicable, unit costs for travel should be included in the cost breakdown as well.

However, comprehensive travel costs need not be included in the initial cost proposal, as specific travel costs will be included by the Contractor when submitting a proposal for each potential BPA task order. For more information, see section 1.8.

3. Past Performance Evaluation Criteria

(Not to exceed 3 pages.)

The offeror shall submit three (3) references with name, phone and email contact information.

Additionally, describe generally the offeror’s performance on similar research and analysis and/or evaluation projects... Examples of working with federal agencies should be included.

4. Task Order Statements of Work (2)

All terms, conditions, guidance, clauses, etc. from this BPA solicitation will apply to any task orders issued under the BPA.

Two (2) statements of work (SOW) are included (see attachments) for actual work to be issued via this BPA. This is subject to change and does not constitute a commitment by the Government to award this work. It is intended that these two statements of work will constitute the first two task orders issued against this BPA. (Collective Impact Measurement and SPPA Reports.)

Offerors shall submit separate proposals and pricing for each statement of work for which they intend to submit an offer. The proposals and pricing for each statement of work must be separate from the proposal and pricing for the overall BPA solicitation. The separate documents must be CLEARLY

SPECIFIED. For example, if an offeror intends to respond to both statements of work, the offeror must submit the following (all of which must be clearly outlined):

1) A proposal and pricing for the overall BPA (meeting all requirements stated herein);

2) A proposal and pricing for SOW # 1 (Collective Impact Measurement);

3) A proposal and pricing for SOW # 2 (SPPA Reports).

NOTE: The evaluation criteria in each SOW may be different from the criteria in this BPA solicitation; offerors must tailor each response they submit to the particular requirements of each document (including evaluation criteria). One overall response for multiple documents will NOT be accepted. Electronic files must be clearly titled to indicate which document they are a response to.

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 90 calendar days from the date specified for receipt of offers.

(d) NA

(e) NA

(f) NA

(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.