![](media/image1.png){width="3.4180555555555556in"
height="3.529166666666667in"}

**Doing Business**

**with the**

**U.S. DEPARTMENT OF EDUCATION**

**Contents:**

**PREFACE**

**INTRODUCTION**

**CHAPTER 1 - ED\'S MISSION AND ORGANIZATION**

**[CHAPTER 2](#Chap2) - GENERAL CONTRACTING INFORMATION**

**[CHAPTER 3](#Chap3) - PREFERENTIAL ACQUISITION PROGRAMS**

**[APPENDIX I](#Append1) - LIST OF WEB URLs**

**February 2006**

**PREFACE**

This guide has been designed for one purpose \-- to assist you, the
prospective contractor, in doing business with the U.S. Department of
Education. Our intent is to explain who we are and what we buy. Most
importantly, we want to help you market your products or services to
this agency.

Your abilities, potential, and willingness to participate are important
to the accomplishment of the Department's mission. We are eager to know
who you are and what you do. We welcome your inquiry and hope that your
efforts will be profitable to both of us.

**INTRODUCTION**

***Doing Business with the U.S. Department of Education*** is intended
to provide businesses and other organizations with basic information
about contracting opportunities at the Department of Education (ED). It
is available electronically at
http://www.ed.gov/fund/contract/about/booklet1.html .

This publication includes an overview of the mission of ED and its
programs and procedures and emphasizes business opportunities for the
following types of organizations:

-   **Small businesses**

-   **Small disadvantaged businesses (including 8(a) firms)**

-   **Women-owned small businesses**

-   **HUBZone small businesses**

-   **Service-disabled veteran-owned small businesses**

-   **Small and small disadvantaged subcontractors**

This publication is issued by the [Office of the Chief Financial
Officer](http://www.ed.gov/about/offices/list/ocfo/index.html?src=mr),
[Contracts & Acquisitions
Management](http://www.ed.gov/about/offices/list/om/fs_po/ocfo/contract.html)
(CAM), and by the [Office of Small and Disadvantaged Business
Utilization](http://www.ed.gov/about/offices/list/ods/index.html?src=mr)
(OSDBU). The latter office is responsible for implementing the
Department\'s activities on behalf of small businesses in accordance
with Public Law 95-507, [Public Law
100-656](http://thomas.loc.gov/cgi-bin/bdquery/z?d100:HR01807:@@@L|TOM:/bss/d100query.html|),
Public Law 105-135, Public Law 108-183, [Executive Order
12138](http://www.va.gov/osdbu/library/EO12138.htm), and [Public Law
106-50](http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.1568.ENR:).

The guide is divided into three chapters: [Chapter 1](#Chap1) outlines
the major mission and offices of ED; [Chapter 2](#Chap2) gives general
contracting information and marketing help; and [Chapter 3](#Chap3)
explains the preferential acquisition programs available.

[]{#Chap1 .anchor}**CHAPTER 1 - ED's Mission and Organization**

> *Our Mission Is to Promote Student Achievement and Preparation for
> Global Competitiveness by Fostering Educational Excellence and
> Ensuring Equal Access*

The U.S. Department of Education was established on May 4, 1980 by
Congress in the Department of Education Organization Act ([Public Law
96-88 of October
1979](http://thomas.loc.gov/cgi-bin/bdquery/z?d096:SN00210:|TOM:/bss/d096query.html|)).
The Department\'s mission is to:

-   Strengthen the Federal commitment to assuring access to equal
    educational opportunity for every individual;

-   Supplement and complement the efforts of states, the local school
    systems and other instrumentalities of the states, the private
    sector, public and private nonprofit educational research
    institutions, community-based organizations, parents, and students
    to improve the quality of education;

-   Encourage the increased involvement of the public, parents, and
    students in Federal education programs;

-   Promote improvements in the quality and usefulness of education
    through Federally supported research, evaluation, and sharing of
    information;

-   Improve the coordination of Federal education programs;

-   Improve the management of Federal education activities; and

-   Increase the accountability of Federal education programs to the
    President, the Congress, and the public.

Offices that may provide contracting opportunities are described below.
A more complete discussion of the Department's programs is found in the
[Guide to Department of Education
Programs](http://web99.ed.gov/GTEP/Program2.nsf).

**Management:**

[Office of the
Secretary](http://www.ed.gov/about/offices/list/om/fs_po/osods/home.html)

The secretary is responsible for the overall direction, supervision, and
coordination of all activities of the Department and is the principal
adviser to the president on federal policies, programs, and activities
related to education in the United States.

[Office of the Deputy
Secretary](http://www.ed.gov/about/offices/list/ods/index.html?src=mr)

The deputy secretary serves as the principal policy advisor to the
secretary on all major program and management issues. The deputy
secretary is also responsible for the internal management and daily
operations of the Department. The Office of Small and Disadvantaged
Business Utilization (OSDBU) is a component of this office.

[Office of the Under
Secretary](http://www.ed.gov/about/offices/list/ous/index.html?src=oc)

Develops policy resources, recommendations, and initiatives that help
define a broad, coherent vision for achieving the President and
[Secretary\'s priorities](http://www.ed.gov/about/priorities.jsp). Also
supports the implementation of critical policies by the Department and
education providers through application of resources, analysis[,
strategic
planning](http://www.ed.gov/about/reports/strat/index.html?src=ln), and
evaluation.

**Staff Offices:**

[Office of the Chief Financial
Officer](http://www.ed.gov/about/offices/list/ocfo/index.html?src=mr)

The Chief Financial Officer\'s primary responsibility involves
supervising the activities of major components, and serving as the
principal advisor to the U.S. Department of Education Secretary on all
matters related to discretionary grant-making, cooperative agreements,
and
[procurement,](http://www.ed.gov/about/offices/list/om/fs_po/ocfo/contract.html)
as well as financial management, financial control, and accounting. The
organization\'s mission is to provide accurate, timely, and useful
grant, contract and financial management information and services to the
all of the Department's stakeholders.

[Office of the Chief Information
Officer](http://www.ed.gov/about/offices/list/ocio/index.html?src=mr)

Develops technological strategies and solutions that enable the
Department of Education to provide world-class service to schools,
students and their families.

[Office of Communications and
Outreach](http://www.ed.gov/about/offices/list/oco/index.html?src=oc)

OCO leads ED\'s communications and outreach efforts. OCO oversees press
relations, publications, contacts with organizations, and communication
with parents, educators, students, and citizens..

[Office of Educational
Technology](http://www.ed.gov/about/offices/list/os/technology/index.html?src=oc)

OET develops national educational technology policy and implements this
policy through Department-wide educational technology programs.

[Office of the General
Counsel](http://www.ed.gov/about/offices/list/ogc/index.html?src=mr)

Provides legal advice to all persons authorized to request such advice
or services. Directs, coordinates, and recommends policy for activities
that are designed to provide legal documents, rules, and regulations
entered into by the Department, including proposed and pending
legislation.

[Office of Inspector
General](http://www.ed.gov/about/offices/list/oig/index.html?src=mr)

Conducts audits and investigations of Department programs and operations
in order to promote their efficiency and effectiveness and to detect and
prevent fraud, waste, and abuse. Through courts and administrative
procedures, this office seeks to recover misused federal funds. In
cooperation with the Department of Justice, it seeks prosecution of
wrongdoers.

[Office of Legislation and Congressional
Affairs](http://www.ed.gov/about/offices/list/olca/index.html?src=mr)

Serves as the principal advisor to the Secretary on education and other
legislative matters before the Congress and as the Department\'s liaison
in responding to the needs of Congress. Provides the direction,
planning, and development for the implementation of the legislative
goals of the Department. Works with the Congress to assure the receipt
of necessary information relating to policies, appropriations, and
programs and to assure the Department's responsiveness to their
requests.

[Office of
Management](http://www.ed.gov/about/offices/list/om/index.html?src=mr)

Administers the Department's human resources and administrative support
functions. OM is dedicated to promoting customer service, expanding
staff performance capacity, using strategic approaches to management and
the management of the Department\'s human capital, and providing a
high-quality workplace for the Department.

[Office of Planning, Evaluation and Policy
Development](http://www.ed.gov/about/offices/list/opepd/index.html?src=oc)

OPEPD oversees planning, evaluation, policy development, and budget
activities in the U.S. Department of Education (ED). OPEPD coordinates
these activities with ED principal offices and outside organizations
such as Congress, the Office of Management and Budget, and state
education associations. Finally, OPEPD is home to ED's [Budget
Service](http://www.ed.gov/about/overview/budget/index.html?src=ln),
which develops and manages the Department's program budget, policy, and
legislative development.

**Program Offices:**

[Institute of Education
Sciences](http://www.ed.gov/about/offices/list/ies/index.html)

ED\'s main research arm, compiles statistics; funds research,
evaluations, and dissemination; and provides research-based guidance to
further evidence-based policy and practice. Its three operational
divisions are the National Center for Education Research, the National
Center for Education Evaluation and Regional Assistance, and the
National Center for Education Statistics.

[Office for Civil
Rights](http://www.ed.gov/about/offices/list/ocr/index.html?src=mr)

Enforces federal statutes that prohibit discrimination based on race,
color, national origin, sex, age, or handicapping condition in education
programs receiving federal financial assistance. OCR serves student
populations facing discrimination and the advocates and institutions
promoting systemic solutions to civil rights problems.  OCR also
provides technical assistance to help institutions achieve voluntary
compliance with the civil rights laws that OCR enforces.  An important
part of OCR\'s technical assistance is partnerships designed to develop
creative approaches to preventing and addressing discrimination.

[Office of Elementary and Secondary
Education](http://www.ed.gov/about/offices/list/oese/index.html)

Promotes academic excellence, enhances educational opportunities and
equity for all of America\'s children and families, and improves the
quality of teaching and learning by providing leadership, technical
assistance and financial support. Directs, coordinates, and recommends
policy for programs designed to assist State and local educational
agencies to improve the achievement of elementary and secondary school
students; help ensure equal access to services leading to such
improvement for all children, particularly children who are
educationally disadvantaged, Native American, children of migrant
workers, or homeless; foster educational improvement at the State and
local levels; and provide financial assistance to local educational
agencies whose local revenues are affected by Federal activities.

[Office of English Language Acquisition, Language Enhancement, and
Academic Achievement for Limited English Proficient
Students](http://www.ed.gov/about/offices/list/oela/index.html?src=mr)

Provides national leadership in promoting high quality education for the
nation\'s population of English language learners (ELLs). Works to
include various elements of school reform in programs designed to assist
the language minority agenda. These include an emphasis on high academic
standards, school accountability, professional development, family
literacy, early reading, and partnerships between parents and the
communities. Administers grant programs that help every child learn
English and content matter at high levels, provides leadership ensuring
that policy related decisions focus principally on the best interests of
the ELL child, collaborates with other federal, state and local programs
to strengthen and coordinate services for ELLs and promote best
practices, and monitors funded programs and provides technical
assistance to ensure that they focus on outcomes and accountability.

[Office of Federal Student
Aid](http://www.ed.gov/about/offices/list/fsa/index.html)

Administers federal student aid programs, providing more than
\$60 billion of financial aid per year to college students. Works to
modernize the delivery of student financial assistance and improve
service to millions of students and the postsecondary institutions they
attend.

[Office of Innovation and
Improvement](http://www.ed.gov/about/offices/list/oii/index.html)

The Office of Innovation and Improvement is a nimble, entrepreneurial
arm of the U.S. Department of Education. It makes strategic investments
in promising educational practices through grants to states, schools,
and community organizations. It also leads the movement for greater
parental options and information in education. This Office houses two
dozen discretionary grant programs, and coordinates the public school
choice and supplemental educational services provisions of the *No Child
Left Behind Act.*

[Office of Postsecondary
Education](http://www.ed.gov/about/offices/list/ope/index.html)

The Office of Postsecondary Education (OPE) formulates federal
postsecondary education policy and administers programs to improve
access to quality postsecondary education in the United States. The
office has responsibility for the accrediting agency recognition process
and for the coordination of activities between States and the U.S.
Department of Education that impact institutional participation in the
Federal financial assistance programs. Administers international
education programs and graduate education fellowship programs for
disciplines critical to the needs of the United States.

[Office of Safe and Drug-Free
Schools](http://www.ed.gov/about/offices/list/osdfs/index.html?src=mr)

Supports efforts to create safe schools, respond to crises, prevent drug
and alcohol abuse, ensure the health and well being of students, and
teach students good citizenship and character. OSDFS coordinates ED
efforts in these areas with other federal agencies and also leads ED
Homeland Security efforts.

[Office of Special Education and Rehabilitative
Services](http://www.ed.gov/about/offices/list/osers/index.html?src=mr)

Works to improve results and outcomes for people with disabilities of
all ages. Provides a wide array of support to parents and individuals,
school districts and states in three main areas: special education,
vocational rehabilitation and research.

[Office of Vocational and Adult
Education](http://www.ed.gov/about/offices/list/ovae/index.html?src=mr)

Supports a wide range of policies, programs, and activities that help
young people and adults obtain the knowledge and skills they need to
prepare for postsecondary education, successful careers and productive
lives. Provides access to information, research and resources to help
students become lifelong learners and make the most of their education,
their careers, and their individual human potential. Activities fall
into four areas: High Schools, Career and Technical Education, Community
Colleges, and Adult Education and Literacy.

**White House Initiative Offices:**

[Center for Faith-Based and Community
Initiatives](http://www.ed.gov/about/inits/list/fbci/index.html)

The goal of the Center is to break down existing barriers and to empower
faith-based and community groups to provide social and education
services to those in need.

[Historically Black Colleges and
Universities](http://www.ed.gov/about/inits/list/whhbcu/edlite-index.html)

The White House Initiative on Historically Black Colleges and
Universities (HBCUs) will identify ways to strengthen the role of these
colleges and universities in helping provide quality education
opportunities for minority and disadvantaged students.

[Tribal Colleges and
Universities](http://www.ed.gov/about/inits/list/whtc/edlite-index.html)

The White House Initiative on Tribal Colleges and Universities (WHITCU)
ensures that the Tribal Colleges are more fully recognized and have full
access to federal programs benefiting other higher education
institutions.

[Educational Excellence for Hispanic Americans](http://www.yic.gov/)

The President\'s Advisory Commission on Educational Excellence for
Hispanic Americans aims to strengthen the nation\'s capacity to provide
high quality education and increase opportunities for Hispanic Americans
to participate in and benefit from Federal education programs.

[]{#Chap2 .anchor}**CHAPTER 2 - General Contracting Information**

To help you determine whether the goods and services your firm provides
are pertinent to ED's needs, here are a few facts about a "typical"
procurement year (figures based on fiscal year 2001):

-   More than \$1 billion in new awards and modifications representing
    nearly 6,000 contract actions are made annually.

-   About 80 percent of these contracts are with business firms and the
    rest with nonprofit organizations and educational institutions.

-   About one third of these firms are in the preferential programs
    listed in [Chapter 3](#Chap3).

In line with ED's mission, the scope of its work is technically- and
performance-based rather than hardware- or product-oriented. For FY 2001
more than 90 percent of the Department's contract dollars were awarded
for research, technical assistance, automated data processing, and other
services.

Those seeking to contract with ED should be familiar with the [Federal
Acquisition Regulations (FAR)](http://acquisition.gov/far/index.html).
The FAR establishes policies and procedures to be followed by all
Federal agencies when purchasing supplies and services. The FAR is found
in the Code of Federal Regulations, Title 48, Chapter 1 (48 CFR 1). It
is supplemented by the [Education Department Acquisition Regulation
(EDAR),](http://www.ed.gov/policy/fund/reg/clibrary/edar.html) which is
found at 48 CFR, Chapter 34. The information presented in this chapter
is intended to acquaint individuals briefly with the basic process.

**Identification of the Requirement**

Typically, the procurement process is initiated when a particular
program office identifies a requirement and develops an acquisition plan
with the procurement office. The assigned contracting officer, in
consultation with the small business representative and the project
officer, will then make several key decisions. One of these is whether
the required supplies or services are available from other government
sources, such as a General Services Administration (GSA) supply depot,
or if they may be purchased from authorized suppliers listed on a GSA
Federal Supply Schedule. If so, the contracting officer must generally
acquire the items directly from the depot or from suppliers on the
schedule. Thousands of common articles (office equipment and supplies,
for example) are included on the Federal Supply Schedule. Firms
interested in getting their products or services on a Federal Supply
Schedule should visit GSA\'s [Getting on Schedule
site](http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8199&channelPage=%2Fep%2Fchannel%2FgsaOverview.jsp&channelId=-13464).

Acquisitions valued at under \$100,000 are procured under simplified
acquisition procedures in accordance with FAR Part 13. Micro-purchases
(less than or equal to \$2,500) may be made with the [Government
Purchase
Card](http://www.ed.gov/fund/data/acct/contractpurchasecard.html?exp=0).

Another important decision is whether the procurement should proceed
under one of the preference programs described in [Chapter 3](#Chap3) of
this publication, such as setting the procurement aside for the
exclusive participation of small business. The appropriate method of
conducting the procurement, either by the use of sealed bidding or
negotiation, is also selected at this time.

Once these decisions have been made and funds are committed for the
requirement, the contracting officer begins preparing the solicitation
document and arranges for the announcement of the solicitation through
various channels.

**Announcement of the Solicitation**

The [Federal Business Opportunities](http://www.fedbizopps.gov/) website
is used to inform prospective bidders of contracting opportunities.

**Federal Business Opportunities (FBO)**

The [Federal Business Opportunities](http://www.fedbizopps.gov/) website
is the single government point-of-entry for Federal government
procurement opportunities over \$25,000. Government buyers are able to
publicize their business opportunities by posting information directly
to FedBizOpps via the Internet. Through one portal - FedBizOpps (FBO) -
commercial vendors seeking Federal markets for their products and
services can search, monitor and retrieve opportunities solicited by the
entire Federal contracting community.

ED uses FBO to post requirement synopses, draft statements of work,
solicitations, and solicitation amendments for all competitive
solicitations. Sources sought notices, award notices, special notices,
and combined synopsis/solicitations are posted too. ED also uses FBO to
post contract opportunities in the \$10,000 - \$25,000 range.

**Procurement Method**

One of the first decisions made by the contracting officer is whether a
sealed bidding or negotiated procurement method will be used. The
distinction between these two methods does not relate to the manner in
which they are publicly announced or to the extent of competition for
contract awards. The primary difference between sealed bidding and
negotiated procurements is the way in which the responses to the
solicitation from prospective contractors are evaluated.

It should be noted that, due to the nature of the goods and services ED
acquires, sealed bidding is rarely used at ED.

**Procurement by Sealed Bidding (48 CFR 14)**

Sealed bidding is a method of contracting that employs competitive bids,
public opening of bids, and awards based on clear, accurate and complete
specifications of the government's requirement. When a procurement is
made by sealed bidding, it is generally publicized in
[FedBizOpps](http://www.fedbizopps.gov/).

The solicitation form in sealed bidding is known as an Invitation For
Bid (IFB). The IFB includes a copy of the product or service
specifications, instructions for preparing the bid and information on
the date, time, and place of bid opening. Bids received are publicly
opened, announced, and evaluated. The evaluation determines the extent
to which each bid conforms to the IFB requirements. A bid meeting all of
the IFB's minimum requirements is considered "responsive." The
evaluation then focuses on the question of "responsibility" \-- whether,
for example, responsive bidders have the technical and financial
capability to perform the contract. The [Small Business
Administration](http://www.sba.gov/) issues [certificates of
competency](http://www.sba.gov/GC/certcomp.html) for eligible small
businesses when required and thereby resolves the issue of
responsibility for agencies considering an award to a small business.
The resultant contract is generally awarded on a firm-fixed price basis.

**Procurement by Negotiation (48 CFR 15)**

Negotiation is the term used to describe a procurement method other than
sealed bidding and is extensively used at ED. The solicitation form in
negotiation is known as a "Request for Proposal" (RFP) and contains:

-   Proposal instructions and conditions;

-   Source selection criteria, including all components of a best value
    selection, such as technical evaluation criteria, cost or price
    evaluation factors, past performance, and any other factors;

-   Statement of work describing product or service specifications;

-   Contract clauses; and

-   Certifications and representations.

Generally, the RFP requires: (1) a technical proposal describing the
offeror's approach to providing required goods and services, (2) a
cost/price proposal describing estimated costs or price, and (3) a
discussion of the offeror's past performance on contracts of a similar
or related nature. Instructions for preparing these sections are
explicit and deserve close attention. Moreover, you should show
carefully how you will fulfill all RFP requirements and provide all
requested certifications and representations. All proposals must be
received by the specified time and due date. Questions should be
directed to the contracting officer designated in the RFP.

An alternative methodology that may be used for negotiated procurement
uses oral presentation in place of all or part of a written proposal. If
oral presentations are anticipated, the solicitation will provide clear
instructions for how to prepare them. Further information about oral
presentations is available online at
<http://www1.pr.doe.gov/oral.html>*.* While the final decision
concerning negotiated contract awards must consider cost, the decisive
factor is usually which proposal offers the greatest value to ED in
terms of quality of management, technical capability, cost, past
performance, and other relevant factors. These factors and their
relative importance are contained in the RFP. All proposals will be
judged on the basis of how well they meet these "Evaluation Factors for
Award." For this reason, it is extremely important that you submit a
complete, relevant, and well-documented technical proposal that clearly
illustrates how you intend to satisfy each of the evaluation factors.
Unlike proposals submitted in sealed bidding, proposals submitted for
negotiation are not publicly opened. The contracting officer keeps the
cost proposal for his/her evaluation and forwards the technical
proposals to a review panel that will evaluate them against the factors
for award stated in the RFP.

The panel then determines which proposals are technically acceptable.
Following the initial evaluation of proposals, a competitive range is
established. A proposal may fall within the competitive range if it has
a reasonable chance of being selected for award. Written and oral
discussions are held with all the firms whose proposals are in the
competitive range. After these negotiations, ED requests final proposal
revisions. After this offer has been made, ED selects for award the
qualified offeror that has provided the most advantageous proposal from
both a quality and cost standpoint. The entire competitive negotiation
process, from announcement of the RFP to contract award, may take from
three to nine months. Keep this time frame in mind when allocating
resources and estimating costs. Those offerors determined not to be in
the competitive range are notified. Announcement of the successful
offeror cannot be made until the entire process has been completed. The
negotiation method is time consuming with a good deal of oversight to
ensure full and open competition. The contracting officer directs the
process and is the appropriate person to contact for the status of
proposals.

Contracts resulting from the negotiation process may range from
firm-fixed price, under which the contractor delivers products
conforming to specifications at a specified price, to a
cost-plus-fixed-fee (CPFF) basis, under which ED reimburses the
contractor for all allowable and reasonable costs incurred within
contract limits, plus a fixed fee.

**Unsolicited Proposals**

FAR Subpart 15.6 describes the circumstances under which a Government
agency may review and accept a proposal which is submitted on the
initiative of the offeror and that is not in response to any
Government-initiated solicitation or program. It says that a valid
unsolicited proposal must:

-   Be innovative and unique;

-   Be independently originated and developed by the offeror;

-   Be prepared without Government supervision, endorsement, direction,
    or direct Government involvement;

-   Include sufficient detail to permit a determination that Government
    support could be worthwhile and the proposed work could benefit the
    agency's research and development or other mission responsibilities;
    and

-   Not be an advance proposal for a known agency requirement that can
    be acquired by competitive methods.

In order to be acceptable for formal evaluation, an unsolicited proposal
must contain:

\(a\) basic information, including:

1.  offeror's name and address and type of organization (e.g., profit,
    nonprofit, educational, small business);

2.  names and telephone numbers of technical and business personnel to
    be contacted for evaluation or negotiation purposes;

3.  identification of proprietary data to be used only for evaluation
    purposes;

4.  names of other Federal, State, or local agencies or parties
    receiving the proposal or funding the proposed effort;

5.  date of submission; and

6.  signature of a person authorized to represent and contractually
    obligate the offeror;

\(b\) technical information, including:

1.  concise title and abstract (approximately 200 words) of the proposed
    effort;

2.  a reasonably complete discussion stating the objectives of the
    effort or activity, the method of approach and extent of effort to
    be employed, the nature and extent of the anticipated results, and
    the manner in which the work will help to support accomplishment of
    the agency's mission;

3.  names and biographical information on the offeror's key personnel
    who would be involved, including alternates; and

4.  type of support needed from the agency (e.g., facilities, equipment,
    materials, or personnel resources); and

\(c\) supporting information, including:

1.  proposed price or total estimated cost for the effort in sufficient
    detail for meaningful evaluation;

2.  period of time for which the proposal is valid (6-month minimum
    suggested);

3.  type of contract preferred;

4.  proposed duration of effort;

5.  brief description of the organization, previous experience, relevant
    past performance, and facilities to be used;

6.  other statements, if applicable, about organizational conflicts of
    interest, security clearances, and environmental impacts; and

7.  names and telephone numbers of agency technical or other agency
    points of contact already contacted regarding the proposal.

If you are considering submitting an unsolicited proposal, please review
Subpart 15.6 for a more complete discussion of how your proposal will be
reviewed and evaluated, and what language you can use to be sure any
proprietary information in your proposal is protected.

**Unsolicited proposals should be sent to:**

> U.S. Department of Education
>
> Contracts & Acquisitions Management
>
> Attention: Director\'s Support Group
>
> PCP, 7th Floor
>
> 550 12th Street, SW
>
> Washington, D.C. 20202-4200

**Conclusions:**

Key steps to start doing business with ED are:

-   Review FedBizOpps daily for new [ED
    postings](http://www1.fbo.gov/spg/ED/index.html). Promptly request
    specific solicitations for goods and services your firm can supply.

-   Read the RFP carefully and follow all instructions.

-   Obtain a copy of the [Forecast of ED Contract
    Opportunities](http://www.ed.gov/fund/contract/find/forecast.html).

-   Register in the [Central Contractor
    Registration](http://www.ccr.gov/) online.

-   Submit proposals by the due date.

-   Respond as required to guidance or inquiries from the contracting
    officer.

-   Review [FedBizOpps award
    announcements](http://www2.fbo.gov/spg/ED/awardPrevDays_1.html) for
    **subcontracting** opportunities.

-   Use the preferential programs listed in [Chapter 3](#Chap3).

As does any undertaking, working with the government takes time, effort,
patience, and persistence. We at the Department of Education are ready
to help you do business with us.

[]{#Chap3 .anchor}**CHAPTER 3 - Preferential Acquisition Programs**

To ensure that all businesses have an equitable opportunity to
participate in federal procurement, a number of special assistance
programs have been established. These include various types of
preference programs, such as small business set-asides and programs
exclusively for socially and economically disadvantaged companies, as
well as other forms of assistance generally designed to help companies
that otherwise might not be able to compete for a share of government
contract awards. All firms are encouraged to become familiar with and
take advantage of any of the special assistance programs for which they
qualify. This chapter is intended to be an introduction to some of the
major programs available primarily to small and disadvantaged
businesses.

**Office of Small and Disadvantaged Business Utilization**

ED's [Office of Small and Disadvantaged Business Utilization
(OSDBU)](http://www.ed.gov/about/offices/list/ods/index.html) was
established in response to [Public Law
95-507](http://thomas.loc.gov/cgi-bin/bdquery/z?d095:HR11318:|TOM:/bss/d095query.html|),
amending the Small Business Act of 1958. OSDBU assists small businesses,
small disadvantaged businesses (including 8(a)s, , service-disabled
veteran-owned firms, HUBZone, and women-owned businesses in fulfilling
contracting and subcontracting opportunities with ED. To ensure that
these firms are represented in contracts awarded throughout the federal
government, OSDBU works closely with the [Small Business Administration
(SBA)](http://www.sba.gov/) and other agencies. It helps small
businesses understand ED's operations and directs offerors to
appropriate sources of information. It also works with program offices
throughout ED to help the Department meet its contracting goals for
small socially and economically disadvantaged businesses.

OSDBU provides advice to contracting officers in complying with small
and small disadvantaged business utilization plans and participates in
government/industry conferences to assist small and disadvantaged
businesses. It is also available to give direct advice to such
companies, if needed. OSDBU distributes in hard copy the Department's
[Forecast of ED Contract
Opportunities](http://www.ed.gov/fund/contract/find/forecast.html). In
addition, the Director of OSDBU monitors and reports to the SBA on ED's
goals and accomplishments in order to involve businesses and
organizations in the programs listed below.

For more information about set-aside opportunities, contact OSDBU staff
at:

U.S. Department of Education

OSDBU - PCP, RM 7048

550 12th Street, SW

Washington, DC 20202-0521

\(202\) 245-6300

\(202\) 245-6304 \[Fax\]

email: small.business@ed.gov

**Small Business Set-Aside Program**

**(48 CFR Subpart 19.5)**

Section 15 of the Small Business Act states that a fair proportion of
the total purchases and contracts for goods and services for the
government is to be placed with small business concerns. Accordingly,
under this program, the government may set aside procurements
exclusively for small businesses. FedBizOpps announcements will indicate
those solicitations which have been set aside. However, since the
federal government is required to buy at competitive prices, set-asides
are made only when enough qualified small businesses are expected to
offer, in order to ensure adequate competition. The SBA establishes
[size standards](http://www.sba.gov/size/) for small businesses on an
industry-by-industry basis. They are defined by dollar volume of sales,
or number of employees, or a combination of these factors. Size
standards are published in the FAR, 48 CFR 19.102.

**Section 8(a) Program**

Section 8(a) of the Small Business Act authorizes SBA to enter into
contracts with other federal agencies to supply goods and services
needed by those agencies. SBA then subcontracts the actual performance
of the work to small businesses owned and controlled by socially and
economically disadvantaged individuals. In August 1998, through a
memorandum of understanding (MOU), the Small Business Administration
(SBA) granted ED the authority to award 8(a) contracts directly to 8(a)
firms. The objective of the "8(a)" Program is to help eligible small
firms become independently competitive. To be eligible for 8(a) Program
participation, a small business concern must be at least 51 percent
owned, controlled, managed, and operated on a daily basis by one or more
socially and economically disadvantaged persons. Socially disadvantaged
individuals are those who have been subjected to racial or ethnic
prejudice or cultural bias because of their identification as members of
certain groups. Economically disadvantaged individuals are those
socially disadvantaged individuals whose ability to compete in the
economy has been impaired due to diminished capital and credit
opportunities. Black Americans, Native Americans, Hispanic Americans,
Asian-Pacific Americans, and Asian Indian Americans have been officially
designated socially and economically disadvantaged. Members of other
groups must provide evidence that they are economically and socially
disadvantaged. SBA determines eligibility on a case-by-case basis. If
you are interested in the program, contact the nearest SBA office.

8(a) certified firms should also contact ED's OSDBU and have a
capability statement on file with the office. When a requirement is
determined to be suitable for acquisition through the 8(a) Program, the
OSDBU and the responsible procurement officials review the capability
statements on file. If a firm's product or service can fulfill the ED
requirement, then the company may be asked (along with other 8(a)
businesses) to make a presentation concerning its capabilities to
provide the required goods or services. Normally, ED selects one firm as
a result of these presentations and asks that firm to develop a complete
proposal for the project. That firm then negotiates directly with ED.
More information about this process can be obtained from OSDBU.

**Small and Disadvantaged Business Set-Aside Program**

The [Federal Acquisition Streamlining Act of 1994, Public Law
103-355](http://thomas.loc.gov/cgi-bin/query/z?c103:S.1587.ENR:),
created a new small and disadvantaged business set-aside program that
supplements but does not replace the 8(a) Program. Specifically,
sections 7101-7108 of that Act authorize agencies to set aside
competitions solely for small and disadvantaged business concerns with
awards made by the agency rather than through the SBA. Competitions
under this authority will be announced in FedBizOpps as set-asides for
small and disadvantaged businesses. In addition, the Act provides that
an agency *may* issue unrestricted solicitations that give up to a 10
percent price evaluation preference to small and disadvantaged business
concerns.

**Small and Small Disadvantaged Business Subcontracting Program** **(48
CFR Subpart 19.7)**

Under Section 211 of [Public Law
95-507](http://thomas.loc.gov/cgi-bin/bdquery/z?d095:HR11318:|TOM:/bss/d095query.html|),
the successful offeror or bidder on contracts exceeding \$500,000 must
submit, before an award is made, an acceptable subcontracting plan
setting percentage and dollar goals for the award of subcontracts to
small and disadvantaged businesses. The OSDBU reviews all subcontract
plans submitted by prime contractors to ensure compliance with the
requirements of Section 211.

**Women-Owned Business Program (48 CFR Subpart 19.9)**

[Executive Order 12138](http://www.va.gov/osdbu/library/EO12138.htm)
directs all federal agencies to take action to facilitate and strengthen
women-owned business enterprises and to ensure full participation by
women in the free enterprise system. Although no set-aside authority
exists, ED makes a special effort to advise women business owners of
contracting opportunities and to encourage their participation in ED
procurements. The Federal Acquisition Regulation also requires agencies
to actively encourage their prime contractors to use women-owned small
businesses as subcontractors. Contracts valued as \$100,000 or more
include a clause to achieve this objective.

**HUBZone Empowerment Contracting Program**

The [HUBZone Empowerment
Contracting](http://www.sba.gov/library/cfrs/hubzonefinalrule.txt)
program was enacted into law as part of the Small Business
Reauthorization Act of 1997. It encourages economic development in
historically underutilized business zones - \"HUBZones\" - through the
establishment of preferences. It provides federal contracting
opportunities to qualified small businesses located in these distressed
areas to help empower communities, create jobs, and attract private
investment.

**Service-disabled veteran-owned Business Program**

[Public Law](http://www.sba.gov/regulations/h1568enr.html) 108-183
provides technical, financial, and procurement assistance to
service-disabled veteran-owned small businesses. This law expands
existing and establishes new assistance programs for veterans who own or
operate small businesses.

In addition to the above, there are three other sources listed below
that small and disadvantaged firms should explore:

**Small Business Administration**

The [Small Business Administration (SBA)](http://www.sba.gov/) offers
assistance to small and small disadvantaged firms. Government
contracting offices work closely with the SBA in seeking small business
suppliers. Local SBA offices frequently can direct firms to agencies
that purchase products they offer. Names and addresses of prospective
military and civilian agency customers are available through SBA's field
offices. In addition, firms offering a variety of products should
consult the **U.S. Government Purchasing and Sales Directory,** a
comprehensive guide to the government's purchasing and sales activities.
This publication lists products and services purchased throughout the
government, indicates which agencies buy what products, and explains how
to contact appropriate contracting offices. Copies may be purchased from
the Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402 (Stock No. 1978-0-247-747 or 378-8310-82-13).

SBA provides assistance to contracting offices to help small and
disadvantaged firms obtain direct contracts. Many of SBA's efforts in
this area are made through procurement center representatives stationed
in government contracting offices, although there is no such office at
ED. They participate in the development of solicitations and recommend
small business set-asides for contracts that fulfill set-aside criteria
in the federal procurement regulations.

The [SBA Office of Technology](http://www.sba.gov/sbir/) strengthens and
expands the competitiveness of U. S. small high technology research and
development businesses in the federal marketplace. It helps small
businesses obtain contracts and provides access to new technology and
technical assistance. Technology assistance officers in SBA regional
offices carry out the program. They can help small businesses define
problems, locate up-to-date technologies, and take advantage of new
approaches identified in recent research and development efforts.

The [SBA Office of Business Development](http://www.sba.gov/gcbd/)
operates a nationwide, toll-free telephone line for small businesses.
The toll-free telephone number is (800) U-ASK-SBA (827-5722) in the
continental United States (except Hawaii and Alaska). The Washington,
D.C. [Office of Advocacy](http://www.sba.gov/ADVO/) can be reached on
(202) 205-6533. The purpose of this service is to help small businesses
cope with the complexities of government regulations and procedures. SBA
relies upon small businesses for identifying burdensome or unnecessary
regulations.

**Department of Commerce - Minority Business Development Centers**

The [Department of Commerce Minority Business Development
Agency](http://www.mbda.gov/) provides assistance to the minority
business community through one hundred business development centers
across the country. These centers identify new business opportunities
and assist minority entrepreneurs in marketing, managing, identifying
new financial resources, and developing markets. For a nominal fee,
minority business development centers provide technical assistance in
such areas as accounting, inventory control, bid estimating, bonding,
personnel management, and contract negotiations. Centers identify and
promote minority-owned private investment firms and match these firms
with new business opportunities in domestic and foreign markets. Each
center maintains an inventory listing of minority entrepreneurs and
firms with a profile of their capabilities.

**General Services Administration Business Service Centers**

The [General Services Administration (GSA)](http://www.gsa.gov/) offers
other procurement opportunities for small and disadvantaged businesses.
The small business owner can learn which items the GSA buys by writing
or visiting the nearest GSA business service center. While these
opportunities are not available exclusively to small disadvantaged
business, they represent an important government resource that you
should use. Interested business concerns should contact their local GSA
regional or area office for more information.

**Other Sources of Information**

Many of the World Wide Web sites mentioned in this booklet, as well as
much more information about ED and its programs, are accessible through
the U.S. Department of Education's home page at
[http://www.ed.gov](http://www.ed.gov/).

The Acquisition Virtual Library contains a wealth of information about
contracting with the government and what contacting opportunities are
available. It also contains links to CCR, FedBizOpps, SBA, and many of
the other sites referenced in this guide. You can access it on the World
Wide Web at <http://acquisition.gov/>*.*

**ED Market Research and Solicitation Dissemination**

The Department of Education (ED) no longer uses solicitation mailing
lists. Instead, ED now requires potential contractors to register in the
Central Contractor Registration (CCR) system, a centrally located,
searchable database, accessible via the Internet, as the tool of choice
for developing, maintaining, and providing sources for future
procurements. The CCR database enables prospective contractors to update
their corporate information, including goods and services offered, in
one place via the CCR website. As a single validated source of data on
contractors doing business with the Government, ED procurement officials
are now able to access, via the Internet, contractor data and industry
information for the purpose of conducting market research, i.e., to
identify sources for contracting opportunities. Through CCR\'s Dynamic
Small Business Search feature, ED procurement officials can conduct
market research on small and disadvantaged businesses wishing to do
business with ED.

Furthermore, in most cases, ED no longer mails paper solicitations.
Paper solicitations are only mailed to firms that request them. Instead,
ED posts most solicitations on FedBizOpps (FBO)
[http://www.fedbizopps.gov](http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fedbizopps.gov),
the designated single Governmentwide point of entry for public access to
notices of procurement. Firms can also view and download complete
solicitations from FBO. FBO also has an \"Interested Vendors\"
functionality, which allows vendors to register as an interested party
for a particular solicitation. FBO has the capability to generate a list
of vendors who are interested in a specific solicitation, which promotes
teaming opportunities, subcontracting opportunities, and other business
relationships among organizations interested in a particular
solicitation.

SBA-certified 8(a) small or socially/economically disadvantaged business
firms may wish to contact OSDBU for more information about "set-aside"
opportunities. The OSDBU staff can be contacted by telephone at (202)
245-6300, by fax at (202) 245-6304, by email at: small.business@ed.gov,
or by mail at:

U.S. Department of Education

OSDBU - PCP, Room 7048

550 12th Street, SW

Washington, D.C. 20202-0521

[]{#Append1 .anchor}**Appendix I**

**List of Web URLs For Hyperlinks Used Throughout This Guide**

[U.S. Department of Education's Home Page](http://www.ed.gov/)

http://www.ed.gov.

[Office of the Chief Financial
Officer](http://www.ed.gov/about/offices/list/ocfo/index.html)

http://www.ed.gov/about/offices/list/ocfo/index.html

[Contracts & Acquisitions
Management](http://www.ed.gov/about/offices/list/ocfo/cpo.html)

http://www.ed.gov/about/offices/list/ocfo/cpo.html

[Contracts & Acquisitions Management Functional
Statement](http://www.ed.gov/about/offices/list/om/fs_po/ocfo/contract.html)

http://www.ed.gov/about/offices/list/om/fs_po/ocfo/contract.html

[Office of Small and Disadvantaged Business
Utilization](http://www.ed.gov/about/offices/list/ods/index.html?src=mr)

http://www.ed.gov/about/offices/list/ods/index.html

[Guide to Department of Education
Programs](http://web99.ed.gov/GTEP/Program2.nsf)

http://web99.ed.gov/GTEP/Program2.nsf

[Office of the
Secretary](http://www.ed.gov/about/offices/list/os/index.html?src=oc)

http://www.ed.gov/about/offices/list/os/index.html?src=oc

[Office of the Deputy
Secretary](http://www.ed.gov/about/offices/list/ods/index.html?src=mr)

http://www.ed.gov/about/offices/list/ods/index.html

[ED Budget Service](http://www.ed.gov/about/overview/budget/index.html)

http://www.ed.gov/about/overview/budget/index.html

[Strategic Accountability
Service](http://www.ed.gov/about/offices/list/ods/sas/index.html)

http://www.ed.gov/about/offices/list/ods/sas/index.html

[Office of the Under
Secretary](http://www.ed.gov/about/offices/list/ous/index.html?src=oc)

http://www.ed.gov/about/offices/list/ous/index.html

[Office of the Chief Financial
Officer](http://www.ed.gov/about/offices/list/ocfo/index.html?src=mr)

http://www.ed.gov/about/offices/list/ocfo/index.html

[Office of the Chief Information
Officer](http://www.ed.gov/about/offices/list/ocio/index.html?src=mr)

http://www.ed.gov/about/offices/list/ocio/index.html

[Office of Educational
Technology](http://www.ed.gov/about/offices/list/os/technology/index.html?src=oc)

http://www.ed.gov/about/offices/list/os/technology/index.html

[Office of the General
Counsel](http://www.ed.gov/about/offices/list/ogc/index.html?src=mr)

http://www.ed.gov/about/offices/list/ogc/index.html

[Office of Inspector
General](http://www.ed.gov/about/offices/list/oig/index.html?src=mr)

http://www.ed.gov/about/offices/list/oig/index.html

[Office of Intergovernmental and Interagency
Affairs](http://www.ed.gov/about/offices/list/oiia/index.html?src=mr)

http://www.ed.gov/about/offices/list/oiia/index.html

[Office of Legislation and Congressional
Affairs](http://www.ed.gov/about/offices/list/olca/index.html?src=mr)

http://www.ed.gov/about/offices/list/olca/index.html

[Office of
Management](http://www.ed.gov/about/offices/list/om/index.html?src=mr)

http://www.ed.gov/about/offices/list/om/index.html

[Office of Public Affairs](http://www.ed.gov/news/)

http://www.ed.gov/news/

[Institute of Education
Sciences](http://www.ed.gov/about/offices/list/ies/index.html)

http://www.ed.gov/about/offices/list/ies/index.html

[Office for Civil
Rights](http://www.ed.gov/about/offices/list/ocr/index.html?src=mr)

http://www.ed.gov/about/offices/list/ocr/index.html

[Office of Elementary and Secondary
Education](http://www.ed.gov/about/offices/list/oese/index.html)

http://www.ed.gov/about/offices/list/oese/index.html

[Office of English Language Acquisition, Language Enhancement, and
Academic Achievement for Limited English Proficient
Students](http://www.ed.gov/about/offices/list/oela/index.html?src=mr)

http://www.ed.gov/about/offices/list/oela/index.html

[Office of Federal Student
Aid](http://www.ed.gov/about/offices/list/fsa/index.html)

http://www.ed.gov/about/offices/list/fsa/index.html

[Office of Innovation and
Improvement](http://www.ed.gov/about/offices/list/oii/index.html)

http://www.ed.gov/about/offices/list/oii/index.html

[Office of Postsecondary
Education](http://www.ed.gov/about/offices/list/ope/index.html)

http://www.ed.gov/about/offices/list/ope/index.html

[Office of Safe and Drug-Free
Schools](http://www.ed.gov/about/offices/list/osdfs/index.html?src=mr)

http://www.ed.gov/about/offices/list/osdfs/index.html

[Office of Special Education and Rehabilitative
Services](http://www.ed.gov/about/offices/list/osers/index.html?src=mr)

http://www.ed.gov/about/offices/list/osers/index.html

[Office of Vocational and Adult
Education](http://www.ed.gov/about/offices/list/ovae/index.html?src=mr)

http://www.ed.gov/about/offices/list/ovae/index.html

[Center for Faith-Based and Community
Initiatives](http://www.ed.gov/about/inits/list/fbci/index.html)

http://www.ed.gov/about/inits/list/fbci/index.html

[Historically Black Colleges and
Universities](http://www.ed.gov/about/inits/list/whhbcu/edlite-index.html)

http://www.ed.gov/about/inits/list/whhbcu/edlite-index.html

[Tribal Colleges and
Universities](http://www.ed.gov/about/inits/list/whtc/edlite-index.html)

http://www.ed.gov/about/inits/list/whtc/edlite-index.html

[Secretary\'s priorities](http://www.ed.gov/about/inits/ed/index.html)

http://www.ed.gov/about/inits/ed/index.html

[Education Department Government Purchase
Cardholders](http://www.ed.gov/fund/data/acct/contractpurchasecard.html?exp=0)

http://www.ed.gov/fund/data/acct/contractpurchasecard.html

[Federal Business Opportunities](http://www.fedbizopps.gov/)

http://www.fedbizopps.gov/

[ED FedBizOpps Postings](http://www.fbo.gov/spg/ED/index.html)

http://www.fbo.gov/spg/ED/index.html

[FedBizOpps Award Announcements for Subcontracting
Opportunities](http://www.fbo.gov/spg/ED/OCFO/awardPrevDays_1.html)

http://www.fbo.gov/spg/ED/OCFO/awardPrevDays_1.html

[Forecast of ED Contract
Opportunities](http://www.ed.gov/fund/contract/find/forecast.html)

http://www.ed.gov/fund/contract/find/forecast.html

[Central Contractor Registration](http://www.ccr.gov/)

http://www.ccr.gov/

[Small Business Administration](http://www.sba.gov/)

http://www.sba.gov/

[Educational Excellence for Hispanic Americans](http://www.yic.gov/)

http://www.yic.gov/

[Getting on GSA\'s Schedule
Contracts](http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8199&channelPage=%2Fep%2Fchannel%2FgsaOverview.jsp&channelId=-13464).
http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8199&channelPage=%2Fep%2Fchannel%2FgsaOverview.jsp&channelId=-13464

[SBA Size Standards](http://www.sba.gov/size/)

http://www.sba.gov/size/

[Federal Acquisition Streamlining Act of 1994, Public Law
103-355](http://thomas.loc.gov/cgi-bin/query/z?c103:S.1587.ENR:)

http://thomas.loc.gov/cgi-bin/query/z?c103:S.1587.ENR:

[HUBZone Empowerment
Contracting](http://www.sba.gov/library/cfrs/hubzonefinalrule.txt)

http://www.sba.gov/library/cfrs/hubzonefinalrule.txt

[SBA Office of Technology](http://www.sba.gov/sbir/)

http://www.sba.gov/sbir/

[SBA Office of Business Development](http://www.sba.gov/gcbd/)

http://www.sba.gov/gcbd/

[Office of Advocacy](http://www.sba.gov/ADVO/)

http://www.sba.gov/ADVO/

[Department of Commerce Minority Business Development
Agency](http://www.mbda.gov/)

http://www.mbda.gov/

[General Services Administration (GSA)](http://www.gsa.gov/)

http://www.gsa.gov/Portal/gsa/ep/home.do?tabId=0

[Public Law
100-656](http://thomas.loc.gov/cgi-bin/bdquery/z?d100:HR01807:@@@L|TOM:/bss/d100query.html|)

http://thomas.loc.gov/cgi-bin/bdquery/z?d100:HR01807:@@@L\|TOM:/bss/d100query.html\|

[Executive Order 12138](http://www.va.gov/osdbu/library/EO12138.htm)

http://www.va.gov/osdbu/library/EO12138.htm

[Public Law
106-50](http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.1568.ENR:)

http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.1568.ENR:

[Public Law 96-88 of October
1979](http://thomas.loc.gov/cgi-bin/bdquery/z?d096:SN00210:|TOM:/bss/d096query.html|)

http://thomas.loc.gov/cgi-bin/bdquery/z?d096:SN00210:\|TOM:/bss/d096query.html\|

[Public Law
95-507](http://thomas.loc.gov/cgi-bin/bdquery/z?d095:HR11318:|TOM:/bss/d095query.html|)

http://thomas.loc.gov/cgi-bin/bdquery/z?d095:HR11318:\|TOM:/bss/d095query.html

[Federal Acquisition Regulations
(FAR)](http://acquisition.gov/far/index.html)

http:// acquisition.gov/far/index.html

[Education Department Acquisition Regulation
(EDAR)](http://www.ed.gov/policy/fund/reg/clibrary/edar.html)

http://www.ed.gov/policy/fund/reg/clibrary/edar.html