K-12 PHYSICAL EDUCATION TEACHER RESOURCES

Amendment / Modification

This document is an Addendum to a License Agreement or Terms of Use, intended to be submitted with a proposal in response to a solicitation. It clarifies that in the event of a conflict between the License Agreement and this Addendum, the terms of this Addendum will supersede and be controlling. The Government accepts commercial terms only to the extent they do not conflict with Federal law or the solicitation language and meet Government needs. Several specific terms commonly found in commercial license agreements have been identified as unacceptable to the Government and will be null and void if present in the offeror's License Agreement. These include:

• General Indemnity (by the government): Not agreed to; recourse must be via the Contract Disputes Act.
• Patent Indemnity (by the contractor): Modified to align with U.S. Department of Justice control over litigation (28 U.S.C. § 516). Contractor will indemnify the Government, but the Government's participation in defense is under DOJ control.
• Automatic renewals: Not agreed to due to potential violation of the Anti-Deficiency Act. Licenses/services will not renew automatically without prior Contracting Officer approval.
• Audit: Contractor audit rights of Government use are not permitted for security reasons. Government may conduct self-audits at its discretion.
• Attorney fees and costs; equitable relief; arbitration: Not agreed to, except as permitted by statute (e.g., Prompt Payment Act). Disputes resolved via Contract Disputes Act; binding arbitration is not used.
• Taxes: Government is not responsible for all taxes. Any taxes payable by the Government must be submitted individually for adjudication or included in the firm-fixed price.
• Incorporating other License Terms by Reference: Terms from other documents or websites are not binding unless submitted with the proposal. Unilaterally revised terms after award are not enforceable.
• Venue; Choice of Law: Government does not agree to specific venue, jurisdiction, or choice of law clauses. Disputes governed by applicable federal statutes and regulations.
• Arbitration: Mandatory arbitration or other forms of alternative dispute resolution are not agreed to.
• Equitable remedies, injunctions: Not agreed to, except as permitted by federal statutes.
• Unilateral termination by contractor for breach: Not permitted. Recourse is via the Contract Disputes Act.
• Unilateral modification: Contractor cannot unilaterally change license terms.
• Assignment by licensor: Not agreed to, except as permitted by statute (e.g., Assignment of Claims Act).
• Confidentiality: License agreement terms and prices are not considered confidential or proprietary; FOIA applies.
• User obligations: Government users are not bound by terms obligating users. "You" or "User" refers to the Government itself.

This Addendum modifies the terms of the License Agreement submitted with the proposal. It supersedes any conflicting terms within the License Agreement or other contractor terms.

Offerors must submit this Addendum as an attachment to their License Agreement. Failure to adhere to these terms may render the License Agreement unacceptable to the Government. The offeror agrees to all terms of this Addendum if awarded a contract.

Performance Work Statement (PWS)

This Performance Work Statement (PWS) outlines the requirements for procuring K-12 physical education (PE) teacher resources, formative assessments, and related professional learning and technical support for approximately 350 PE teachers and four above-school-level PE educators within the Department of Defense Education Activity (DoDEA).

• K-12 Teacher Resources: Provide 100% digital resources including teacher guides, instructional packs, and classroom kits. These resources must include strategies for rigorous instruction, addressing challenges, differentiation, and links to additional resources. Age- and grade-appropriate formative assessments aligned with SHAPE America National PE Standards are required, along with data-driven instructional strategies based on assessment results.

• Professional Learning: Deliver asynchronous and synchronous webinars, and SCORM®-compliant digital modules. Specific contact hours are required for the Base Year 1, Option Year 1, and Base Years 2-4. Topics will cover resource overviews, national standards, exemplary lessons, cross-curricular connections, and meeting diverse student needs.

• Technical Support: Provide industry-standard technical support for digital resources via telephone or email within one business day.

• Digital Resource Requirements: Resources must be compatible with DoDEA's learning management system (LMS, Schoology) and virtual learning environment (VLE), accessible via a single sign-on platform (ClassLink). They must conform to IMS content packaging specifications and other technical standards, including Section 508 compliance for accessibility.

• Tasks must be completed by required deadlines.

• Technical support requires acknowledgment within two hours and resolution of 90% of requests within one business day.

• Professional learning will be evaluated via DoDEA-generated surveys (at least 75% rating 'good' or better).

• Digital resources must be available 24/7/365 with minimal downtime.

• Work shall be performed at the Contractor's facilities.

• The contract period is not specified in this document but includes a Base Year 1, Option Year 1, and Base Years 2-4 for professional learning.

• Cybersecurity: Resources must meet DoD and DoDEA cybersecurity requirements, including FedRAMP Level 2 standards (waivers may be considered). All contractor personnel accessing DoDEA data must be US citizens.

• Privacy: Contractor personnel must take precautions to protect PII and complete DoD Privacy Act/PII training. User accounts must not require PII for access.

• Accessibility: All ICT must conform to Revised 508 Standards.

• Data Rights: All data developed under the contract is the property of the Government.

• Third-Party Software: Must meet the same technical requirements as the Contractor's solutions, including SSO and FedRAMP Level 2.

Form / Attachment / Pricing Sheet

This document is a pricing sheet associated with solicitation HE125426QE027. It is intended for bidders to provide their pricing details for the contract.

• The sheet includes categories for 'Digital Instruction Resources' and 'Professional Learning'.
• Pricing is broken down by Units and $/Unit for Base Year and four Option Years, as well as for clause 52.217-8.
• Columns are provided for Base Total, Option Year Totals, 52.217-8 Total, and Grand Total.

Bidders must use this sheet to enter their proposed pricing for each category and contract period. The provided sheet shows all calculated totals as $0.0, indicating that bidders need to populate this information. This pricing data will be a critical component of the proposal submission and will likely be used in the evaluation process.

Form / Attachment / Pricing Sheet

This document provides contract language and instructions for incorporating Section 508 of the Rehabilitation Act accessibility requirements into procurement documentation, specifically for Information and Communication Technology (ICT) products and services. It serves as a template for solicitations, Statements of Work (SOWs), or Performance Work Statements (PWSs).

• IT Accessibility Requirements: Details the mandate from Section 508 for ICT to be accessible to people with disabilities.
• Revised 508 Standards: References 36 C.F.R. § 1194.1 & Apps. A, C & D, and provides a link to the official standards.
• Applicable Criteria: Outlines functional performance criteria and requirements for software and hardware features, as well as support services and documentation.
• Instructions to Offerors: Specifies how vendors should document their proposed solution's compliance with Section 508 requirements, including providing an Accessibility Conformance Report (ACR) using the Voluntary Product Accessibility Template (VPAT).
• Acceptance Criteria: Reserves the government's right to test ICT items to validate Section 508 conformance claims.

Bidders must understand these requirements to ensure their proposed ICT products and services meet Section 508 accessibility standards. The document guides how to document compliance in proposals, including the use of VPATs and ACRs. Failure to meet these requirements can impact acceptance of deliverables.

Form / Attachment / Pricing Sheet

This document is a "DoDEA Cloud Questionnaire" designed to help the Department of Defense Education Activity (DoDEA) evaluate the compatibility of a vendor's cloud-based solution with DoD and DISA guidelines. It aims to facilitate a quick and effective evaluation of vendor responses.

The questionnaire covers several key areas, including:

• Cloud Resource Website/URLs: Questions about the provision and access to cloud resources.
• Client Systems and Software Configuration: Inquiries regarding server support, required software installations on DoDEA computers, and necessary configurations or changes to DoDEA systems.
• Privacy Information Data Collection and Distribution: Questions about the collection and handling of Personally Identifiable Information (PII) and sensitive information, including data sharing with third parties and adherence to privacy laws (COPPA, Privacy Act of 1974, FERPA, CIPA).
• System Management and Security: Questions about penetration testing, vulnerability testing, intrusion prevention, software updates, and physical security of systems.
• Data Storage, Retention, and Access: Inquiries regarding data storage location (within the US), employee/subcontractor access, data encryption (at rest and in transit), multi-tenant instance usage, background checks, and data deletion processes.
• Development and Change Management Process: Questions about customer notification for policy changes and auditing processes.
• Audits and Standards: Questions about security audits by internal or external groups and adherence to security standards (ISO, NIST, PCI DSS).
• Test and Development Environments: Questions about the use of live student/privacy data in non-production environments.
• Data Breach, Incident Investigation and Response: Questions about disaster recovery, protection against denial-of-service attacks, and processes for managing data breaches and security investigations.

Vendors must complete this questionnaire to demonstrate their cloud solution's compliance with DoDEA's security and privacy requirements. The responses will be critical for DoDEA's evaluation of the solution's compatibility and effectiveness. Failure to answer questions may be considered an unacceptable response. Proprietary or sensitive information provided will be protected.

Form / Attachment / Pricing Sheet

This document contains two key provisions that require vendor completion and submission as part of their offer. These provisions relate to tax obligations on certain foreign procurements and certifications for the Buy American-Balance of Payments Program.

1. FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS--NOTICE AND REPRESENTATION (JUN 2020):

• Requires vendors to represent whether they are a foreign person.
• If a foreign person, vendors must indicate if they are claiming a full, partial, or no exemption from the 2% excise tax using IRS Form W-14.
• Failure to submit IRS Form W-14 with the offer may result in the government withholding the full 2% tax.
• The provision defines terms such as "Foreign person," "Specified Federal procurement payment," and "United States person."

2. DFARS 252.225-7000 BUY AMERICAN-BALANCE OF PAYMENTS PROGRAM CERTIFICATE-BASIC (FEB 2024):

• Requires vendors to certify the country of origin for end products.
• Vendors must identify domestic end products, qualifying country end products, and other foreign end products.
• Specific sections require listing line items for:
  • Qualifying country end products.
  • Other foreign end products, including whether they exceed 55% domestic content.
  • Domestic end products containing a critical component or a critical item.

Vendors must carefully review and complete the representations and certifications within these provisions. Accurate completion is crucial for determining tax liabilities and compliance with the Buy American and Balance of Payments Program. Failure to provide required information or certifications may impact offer evaluation and contract award, including potential tax withholdings.

Other / Unclassified

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This document does not contain substantive information related to the SAM.gov opportunity. It indicates a technical issue with document rendering and does not provide details about the procurement, requirements, or submission instructions.

Form / Attachment / Pricing Sheet

This document is a Past and Present Performance Questionnaire (PPQ) that potential bidders must complete and submit to references. The purpose is to gather feedback on a vendor's past performance, which will be used by the Department of Defense Education Activity (DoDEA) in evaluating proposals.

• Prime Vendor Information: Section to be filled out by the prime vendor, including their name.
• Reference Information Table: Details about the reference being contacted, including their business name, address, Point of Contact (POC) information, contract value, contract number, contract type, period of performance, and a brief description of the work performed.
• Scope Verification: Questions for the reference to confirm the accuracy of the provided scope of work and to report any significant problems encountered.
• Performance Evaluation: A rating scale (Poor/Unsatisfactory to Excellent, plus Neutral) for assessing the vendor's compliance with deliverables, business practices, conformity to contract requirements, and overall performance.
• Re-purchase Decision: A question asking if the reference would purchase services from the vendor again.
• Additional Comments: Space for any further remarks on the vendor's past performance.

Bidders must understand that this questionnaire is a critical component of the evaluation process. They need to identify appropriate references, provide them with accurate contract details, and ensure their references can provide positive feedback. The quality and content of the responses to this PPQ will directly impact the evaluation of the bidder's past performance.

Solicitation / RFP / RFQ

This solicitation is for K-12 Physical Education Teacher Resources, specifically requiring 100% digital resources, formative assessments, and related professional learning. The goal is to improve instruction and student learning/achievement.

• Digital teacher resources, formative assessments, and professional learning.

• Resources must be commercial-off-the-shelf (COTS), 100% digital, and cloud-based.

• Alignment with SHAPE America National Physical Education Standards and the Physical Education Curriculum Analysis Tool (PECAT).

• Specific requirements for K-5 and 6-12 teacher resources, and professional learning/program support tools.

• Accessibility conformance (Section 508) is a critical requirement for all Information and Communication Technology (ICT) items.

• Contract Type: Firm-Fixed-Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ).

• Period of Performance: Orders can be issued from June 1, 2026, through May 31, 2031. The total contract duration, including options, shall not exceed 5 years.

• Estimated Value: USD 24,000,000.00 (This appears to be a ceiling value for the IDIQ contract).

• Proposal Submission Deadline: April 20, 2026, 12:00 PM Local Time.

• Quotes must be valid for 120 calendar days.

• Submission Format: Electronic submission in Microsoft Word or Adobe Acrobat PDF, with Excel for pricing. Specific formatting and page limits apply to different volumes (Administrative, Technical, Past Performance, Price).

• Evaluation Factors: The award will be made on a competitive best-value basis, considering Technical Approach, Past Performance, and Price.

• Technical Approach: Evaluated based on alignment with standards, meeting/exceeding requirements for K-5 and 6-12 resources, and the quality of professional learning and program support.

• Past Performance: Evaluated as "good," "acceptable," "unacceptable," or "unknown/neutral" based on at least three and no more than five recent and relevant past performance projects.

• Price: Evaluated for reasonableness and completeness.

• This acquisition is UNRESTRICTED.

• Numerous FAR and DFARS clauses are incorporated by reference and by full text.

• Key attachments include: Pricing Sheet, Terms of Service, Accessibility Conformance Report, Cloud Questionnaires, FAR and DFARS Provisions, Privacy Checklist, Privacy Assessment, Performance Work Statement, and Past Performance Questionnaire.

Other / Unclassified

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Performance Work Statement (PWS)

To procure K-12 physical education teacher resources, formative assessments, and related professional learning and technical support for approximately 350 PE teachers and four above-school-level PE educators.

• Provide commercial off-the-shelf (COTS) 100% digital resources including a teacher guide, instructional pack, and classroom kits.

• Develop unbiased, age-and-grade-appropriate formative assessments aligned with SHAPE America National Physical Education Standards.

• Provide data-driven instructional strategies based on assessment results.

• Deliver asynchronous and synchronous professional learning webinars and digital modules (SCORM®-compliant).

• Provide industry-standard technical support for digital resources.

• Ensure digital resources are compatible with DoDEA's learning management system (LMS) and single sign-on platform (ClassLink).

• Comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations.

• Digital resources must be accessible 24/7/365 with minimal downtime.

• Professional learning must achieve high participant satisfaction ratings.

• Technical support must acknowledge requests within two hours and resolve 90% within one business day.

• All digital resources must be PWS-compliant and meet specific technical requirements (e.g., browser compatibility, security standards).

• The contract period is not explicitly stated but includes Base Year 1, Base Year 2, and Base Years 3-4 for professional learning.

• Work shall be performed at the Contractor's facilities.

• Resources must be free of bias regarding race, color, religion, sex, national origin, or disability.

• Compliance with Section 508 of the Rehabilitation Act for accessibility.

• Adherence to cybersecurity requirements, including DoD and DoDEA standards.

• Data developed under the contract remains the property of the Government.

• Contractor personnel accessing DoDEA data must be US citizens and complete privacy training.