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Solicitation, Offer and Award 1 69 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES UNDER DPAS (15 CFR 350) SOLICITATION, OFFER AND AWARD 1 69 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NO. ED-99-R-0025SEALED BID (IFB) 06/18/1999 EDOOUS-99-000120 X NEGOTIATED (RFP) 7. ISSUED BY CODE CPOA 8. ADDRESS OFFER TO (If other than Item 7) EDRFP Contracts and Purchasing Opr., Group A U.S. Dept. of Education, CPO/SSG U.S. Dept. of Education, Rm 3636, ROB-3 GSA Bldg. (ROB-3), Rm 3616 Seventh and D Streets SW Seventh and D Streets SW Washington, DC 20202-4444 Washington, DC 20202-4443 NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 9. Sealed offers in original and ______________5 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in __________________________________________________________ until __________________02:00 PM local time _________________________Jul 20, 1999 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawls: See Section L, Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and conditions contained in this solicitation. 10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) CALL: Pamela J. WeaverPJW (202) 260-0183 11. TABLE OF CONTENTS (x)SEC. DESCRIPTION PAGE(S)(X) SEC. DESCRIPTION PAGE(S) PART I - THE SCHEDULE PART II CONTRACT CLAUSES X A SOLICITATION/CONTRACT FORM 1-1 X I CONTRACT CLAUSES 28-32 X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. X C DESCRIPTION/SPECS./WORK STATEMENT 6-6 X J LIST OF ATTACHMENTS 33-34 X D PACKAGING AND MARKING 7-7 PART IV - REPRESENTATIONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE 8-8 X K REPRESENTATIONS, CERTIFICATIONS AND 35-48 OTHER STATEMENTS OF OFFERORS X F DELIVERIES OR PERFORMANCE 9-9 X G CONTRACT ADMINISTRATION DATA 10-11 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 49-66 X H SPECIAL CONTRACT REQUIREMENTS 12-27 X M EVALUATION FACTORS FOR AWARD 67-69 OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. 12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. 13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52.232-8) %%%% 14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated: 15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) AND ADDRESS OF OFFEROR 15B. TELEPHONE NO. (Include area code) 15C. CHECK IF REMITTANCE ADDRESS IS 17. SIGNATURE 18. OFFER DATE DIFFERENT FROM ABOVE. ENTER SUCH ADDRESS IN SCHEDULE. AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 10 U.S.C. 2304 (c)( ) 41 U.S.C. 253 (c)( ) (4 copies unless otherwise specified) 24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE 26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA (Signature of Contracting Officer) 28. AWARD DATE IMPORTANT - Award will be made on this form, or on Standard Form 26, or by other authorized official written notice. NSN 7540-01-152-8064 33-134 STANDARD FORM 33 (Rev. 4-85) PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.214 (c) SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS ITEM NO. SUPPLIES OR SERVICES QUANTITY UI UNIT PRICE AMOUNT 0001 EVALUATION OF 21ST CCLC PROJECTS. THE 1 EA _____________.____ ___________.____ PURPOSE OF THIS 4 YEAR STUDY IS TO EVALUATE THE RELATIVE EFFECTIVENESS OF PROJECTS FUNDED BY THE 21ST CENTURY COMMUNITY LEARNING CENTERS PROGRAM TO IDENTIFY STRATEGIES OR MODELS THAT ARE MOST USEFUL IN PRODUCING BOTH IN-SCHOOL AND OUT-OF-SCHOOL OUTCOMES. END OF SECTION B ED-99-R-0025 Page - 2 SECTION B B.1. 301-6a ESTIMATED COST AND INCENTIVE FEE (INCREMENTALLY FUNDED CONTRACTS)(MAY 1998) (a) It is estimated that the total cost to the Government for full performance of this contract will be $__________ of which $__________ represents the estimated cost and $ __________ represents the target fee (if any). The fee payable under this contract shall be the target fee adjusted in accordance with paragraph (e) of clause 52.216-10, Incentive Fee and __________ of this contract. (b) Sufficient funds are not presently available to cover the total estimated cost of this contract; however, this contract will follow the concepts of incremental funding described in FAR clause 52.232-22, "Limitation of Funds". Funds currently available for payment and allotted to this contract are $__________ of which $ __________ represents the limitation of reimbursable costs and $__________ represents the amount set aside for fee (if any). (c) If and when the contract is fully funded, as specified in paragraph (a) of this clause, the "Limitation of Cost" clause shall become applicable. (d) The Contracting Officer may allot additional funds to the contract without the concurrence of the Contractor. B.2. 52.216-10 INCENTIVE FEE (MAR 1997) (a) General. The Government shall pay the Contractor for performing this contract a fee determined as provided in this contract. (b) Target cost and target fee. The target cost and target fee specified in the Schedule are subject to adjustment if the contract is modified in accordance with paragraph (d) of this clause. (1) "Target cost," as used in this contract, means the estimated cost of this contract as initially negotiated, adjusted in accordance with paragraph (d) below. (2) "Target fee," as used in this contract, means the fee initially negotiated on the assumption that this contract would be performed for a cost equal to the estimated cost initially negotiated, adjusted in accordance with paragraph (d) of this clause. (c) Withholding of payment. Normally, the Government shall pay the fee to the Contractor as specified in the Schedule. However, when the Contracting Officer considers that performance or cost indicates that the Contractor will not achieve target, the Government shall pay on the basis of an appropriate lesser fee. When the Contractor demonstrates that performance or cost clearly indicates that the Contractor will earn a fee significantly above the target fee, the Government may, at the sole discretion of the Contracting Officer, pay on the basis of an appropriate higher fee. After payment of 85 percent of the applicable fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed 15 percent of the applicable fee or $100,000, whichever is less. The ED-99-R-0025 Page - 3 SECTION B Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of the certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor's past performance related to the submission and settlement of final indirect cost rate proposals. (d) Equitable adjustments. When the work under this contract is increased or decreased by a modification to this contract or when any equitable adjustment in the target cost is authorized under any other clause, equitable adjustments in the target cost, target fee, minimum fee, and maximum fee, as appropriate, shall be stated in a supplemental agreement to this contract. (e) Fee payable. (1) The fee payable under this contract shall be the target fee increased by .05 cents for every dollar that the total allowable cost is less than the target cost or decreased by .10 cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than 10 percent or less than 0.0 percent of the target cost. (2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within the minimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is increased or decreased as a consequence of (i) payments made under assignments or (ii) claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause. (3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract. (4) For the purpose
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