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HIV Testing (IFB-DCS-03-13)

The U.S. Department of Labor, Employment and Training Administration (DOL/ETA) is soliciting bids for the testing and identification of Job Corps students who may have been infected with the AIDS virus - HIV.

You are invited to submit a proposal/bid in accordance with the requirements of the following Solicitation:

       [  ] Request for Proposal, [ X ] Invitation for Bid. 

Proposals/Bids must be received by the Government no later than the local time on the Due Date stated in the table below. Potential offerors/bidders are asked to complete and submit a proposal/bid intent form .

See Section L (Section C if SF 1449 is used) for proposal/bid instructions .

ALL AMENDMENTS TO THIS SOLICITATION WILL BE MADE AVAILABLE THROUGH GOVERNMENT HOMEPAGE AT http://www.doleta.gov/grants/rfp.cfm.

IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION.

Solicitation Number: IFB-DCS-03-13
Issue Date: March 14, 2003
Due Date: April 14, 2003
Time: 2:00 p.m.
Program Office: OJC
Contracting Officer: Keith A. Bond
Contact Point:
Phone:
Fax:
E-mail:
Dayle White
202-693-3248
(202) 693-2879
dwhite@doleta.gov
Set Aside:  

 

PERTINENT TECHNICAL SECTIONS OF SOLICITATION

Offerors are encouraged to carefully read the entire Solicitation by scrolling downward. The Solicitation includes all pertinent technical sections imbedded in the document as well as the terms,conditions and instructions required for submitting a proposal. For your convenience, the pertinent technical sections of the Solicitation have also been linked directly below (in WordProcessing and Adobe PDF format):

Sections B, C, L, and M

 

 

 

 

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

Title: HIV TESTING

The U.S. Department of Labor's Employment and Training Administration (ETA) is soliciting bids for the testing and identification of Job Corps students who may have been infected with the AIDS virus - HIV.

Solicitation No. is IFB-DCS-03-13.

Period of Performance is twelve (12) months from the date of contract execution by the government, plus four 1-year options to extend at the government's discretion.

This solicitation is a Total Small Business Set-Aside. The North American Industry Classification System (NAICS) Code is 621511, with a $11.5 million size standard.

A firm-fixed price type contract is contemplated for this requirement.

The bid opening date will be April 14, 2003, at the U.S. Dept. of Labor, 200 Constitution Avenue, NW, Washington DC 20210, Room C-4310, at 2:00 p.m. eastern standard time.

The incumbent contractor under this solicitation is Center for Disease Detection of San Antonio, Texas, under Contract Number E-7463-9-00-80-30. The contract was awarded on May 15, 1999, in the amount of $192,000. The total amount awarded under this contract was $819,450, inclusive of options.

Requests for Clarification (RFC) and offerors interested in networking and/or being placed on a bidders list for the above referenced IFB, please provide the Name and Address of Organization; Telephone Number; and Point of Contact. This information is to be submitted electronically to Dayle White at dwhite@doleta.gov, by 2:00 p.m., March 24, 2003. Only electronic submission of requests will be accepted. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines that the RFC raises an issue of significant importance, the government will respond electronically.

The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at http://www.doleta.gov/grants/rfp.cfm and www.fedbizopps.gov.

Please be advised that it is the sole responsibility of the offeror to continually view the websites for any amendments to this solicitation.

 

 

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

1. GENERAL

Job Corps is a major employment and training program designed to address the barriers to employment faced by low income, at-risk young people throughout the United States. The Job Corps program was established by the Economic Opportunity Act of 1964. Authorization was continued under Title IV-B of the Comprehensive Employment and Training Act of 1978 (CETA), then superseded by Title IV-B of the Job Training Partnership Act of 1982 (JTPA) as amended by the Job Training Reform Amendments of 1992. Current authorization for Job Corps is title I-C of the Workforce Investment Act of 1998. The program is nationally administered through the U.S. Department of Labor Employment and Training Administration (ETA), Office of Job Corps, in Washington, D.C. and nine regional offices.

Job Corps is designed to assist young people who both need and can benefit from the array of services provided in Job Corps centers. Although the program is targeted to 16 - 24 year-old youth, there is no upper age limit for people with disabilities, who face multiple barriers to employment. Job Corps provides a comprehensive mix of services to address these barriers including basic education, occupational exploration, vocational training, work-based learning, social and employability skills training, health care, counseling, and related services, recreation and post program placement support. The aim of the program is to help youth become responsible adults, and to prepare them to obtain employment, or to return to school or further training.

Major corporations and nonprofit organizations manage and operate 90 of the 118 Job Corps centers under competitively awarded contracts with the Department of Labor. The Departments of Agriculture and Interior operate 28 Job Corps centers, called civilian conservation centers, on public lands throughout the country under Interagency agreements with the Department of Labor.

The residential aspect of Job Corps distinguishes it from other employment and training programs and enables Job Corps to provide a comprehensive array of services in one setting 24 hours a day, seven days a week. Approximately 90% of students are residential; the remainder commute to the center daily to attend classes. Enrollment in Job Corps is voluntary.

In general, Job Corps students are healthy. Examples of the most common health deficiencies are dental problems, poor vision, anemia, obesity, unintended pregnancy, and mental/emotional problems including drug and alcohol abuse. Approximately 2,500 students are dismissed from the program each year due to physical and/or mental health problems.

The primary objective of the Job Corps health and wellness program is to increase each student's employability by establishing and maintaining the student at a satisfactory health level. This is accomplished through provision or coordination of health care and through preventive health education to instill good health and wellness habits and prevent avoidable illness, injury and death.

Oversight of the Job Corps health and wellness program is provided by the Job Corps National Office. No federal health staff are located in Job Corps regional offices. The Job Corps National Office provides oversight and policy direction for the Job Corps health and wellness program and is responsible for formulating health policy and procedures and for planning, developing, monitoring and assessing center health and wellness programs.

2. MEDICAL SERVICES ON CENTER

Organizations and agencies that operate Job Corps centers (called center operating contractors) are responsible for the management and delivery of services at the centers, including their health programs, within the standards and guidelines established by the Job Corps National Office. The standards are stated as requirements in the Policy Requirements Handbook (PRH). Health requirements are mainly incorporated in Chapter 6 of the PRH..

Basic health services are provided to students at each center through a health program that coordinates medical, dental and mental health care, health education, and environmental health components.

Every student receives a cursory medical and dental inspection for obvious signs of disease within 48 hours of arrival at a Job Corps center, followed by a complete medical examination within 14 days of arrival. All students receive immunizations in accordance with Job Corps policy.

3. NURSING SERVICES ON CENTER

Nurses provide most of the clinical medical care on center. Center nursing staff may include registered nurses, licensed practical nurses, nurse practitioners, and physician assistants. The type and number vary by center capacity. A few centers have a part-time or full-time laboratory technician.

4. GENERAL LABORATORY SERVICES

During the cursory medical or the entrance medical examination, blood specimens are drawn by a nurse or technician for hemoglobin or hematocrit determination, and at some centers, syphilis serology (specimens are drawn within 48 hours after entry). These analyses may be done on center or by an outside lab. The same or additional specimens may be taken for complete blood count, sickle cell trait, glucose, cholesterol, etc., for analyses at an outside lab. Urine specimens, urethral and cervical specimens are analyzed on or off center for gonococci; off center for chlamydia and Pap smear. A urine drug test is done on all entrants (THC, cocaine, opiates, amphetamines, PCP); alcohol tests are done after entry on suspicion of use; and for those positive, a second test is done, and results must be received before the student's 45th day on center.

5. LABORATORY TESTING FOR HIV INFECTION

Since March 1, 1987, a blood specimen to be analyzed for evidence of HIV infection has been obtained on all entering residential students during the cursory medical inspection or entrance medical examination and has been submitted to an outside laboratory for analysis. In addition, specimens have been submitted on the request of the center physician to assist in differential diagnosis, observation or treatment of any student at any time during the student's enrollment. Starting in October 1997, specimens were also obtained for analysis on all entering nonresidential students.

Since October 1, 1987, all specimens have been submitted to a national contracted lab.

It is required that similar screening for HIV infection be conducted under this new contract with the National Office of Job Corps. The current policies and procedures for the screening program are detailed in PRH Chapter 6, Appendix 603, issued July 2001.

C.2 SCOPE OF WORK

The contractor (laboratory, lab) will assist the Employment and Training Administration (ETA) of the Department of Labor (DOL) in the identification of Job Corps students who have been infected with the AIDS virus - Human Immunodeficiency Virus (HIV).

The tasks to be accomplished by the contractor include:

(1) Provide each center with supplies and equipment as needed for collection and preparation of blood specimens.

(2) Arrange for pickup/delivery of specimens to lab from urban, suburban, and rural centers including sites in Alaska, Hawaii, and Puerto Rico.

(3) Code specimens to ensure confidentiality, in a manner approved by lab and Job Corps National Office.

(4) Analyze specimens by the ELISA test and by WESTERN BLOT for confirmation of ELISA positive tests.

(5) Report individual test results to specific designated center staff.

(6) Report Job Corps wide results to National Office of Job Corps.

(7) Assume responsibility for quality control of laboratory procedures.

(8) Provide monthly billing to the National Office of Job Corps Representative.

(9) Provide an online system with secure access for each center to request testing and obtain results, if the center can support an online system.

C.3 TASKS

1. SUPPLIES AND EQUIPMENT

The contractor will provide to each center, centrifuges, sterile needles, vacuum tubes, and other equipment/supplies as needed for collection and preparation of blood specimens; and labels, envelopes, and overnight delivery packages for transmission of specimens from center to lab. This initial supply will be delivered within 3 weeks after contract award date and replenished as needed. The Contractor will also provide a secure on-line system for transmission of test requests and receipt of test results.

2. COLLECTION

The contractor will arrange for pick up of specimens from centers on a weekly or, with the approval of the National Office Representative, on a biweekly basis. The center will, at the contractor's expense, send specimens by overnight delivery as scheduled by the contractor and center. In addition, the contractor will arrange with each center for pickup/delivery of specimens, as needed, for repeat tests because of broken specimens, indeterminate results, or as requested by the center physician for individual enrollees.

3. CODING

In order to maintain confidentiality, all specimens submitted by centers to the lab and all reported results will be labeled by code in a manner devised by the lab and approved by the National Office.

4. ANALYSIS AND REPORTING OF TEST RESULTS

  1. The centers will be instructed by the lab to label each specimen to show code number and demographics, (age, sex, race, home zip code number, and category1).

  2. The centers will maintain a confidential log that matches the code number to the student's name.

  3. The contractor will analyze the original specimens submitted by the centers within 24 hours (1 day) of receipt, by the ELISA method for HIV. If the ELISA test is positive, a second ELISA will be done on the same specimen, within 2 days of its receipt. If the second ELISA is negative, a third test will be done on the original specimen within 3 days of receipt. If the first and second or third ELISA are positive, a WESTERN BLOT (WB) test will be done on the same specimen within 4 days of its receipt.

  4. Positive ELISA tests will not be reported by the lab to the center. Positive HIV tests (positive ELISA test confirmed by positive WB test) and indeterminate tests will be reported electronically to the center no later than 7 days after receipt of the specimen. Test results will not be phoned to the center.

  5. The contractor will send an individual report of each positive, indeterminate, and negative test to the originating center using the laboratory's reporting form. The individual test results shall be recorded as follows:
         1.	Negative HIV by ELISA (EIA)
         2.	Negative HIV by WB 	
         3.	Indeterminate HIV by WB
         4.	Positive HIV by WB
    
     * Tests positive by EIA and negative by WB, report as in 2 above.
     * Tests positive by EIA and indeterminate by WB, report as in 3 above and request
     a repeat test in 3 months.
     * The term equivocal shall not be used in any report of test results.
     
  6. The contractor will send a copy of each positive and each indeterminate HIV result on a weekly basis to the general health support contractor (GH) only. This report will be submitted within 1 week after the end of the week on which reported.

  7. The contractor will send monthly to National Office (NO) and GH, a numerical report showing the number of individuals tested and their demographics. A second report will show by center and region, the number tested in the period, whether entrance or other, the number of each category reported positive, indeterminate, and negative and the respective rates. This report will be submitted within 30 days of the month in which reported.

  8. The contractor will send a monthly report to NO summarizing any problems encountered in collection, confidentiality, analysis of specimens, reporting results to centers, etc., and corrective actions taken. This report will be submitted within 20 days after the end of the month.

  9. The contractor will also send a semi-annual report to NO and GH summarizing for the period, items 4g and 4h above. This will be submitted within 30 days after end of the period reported (5 months from contract award date and each 6 months thereafter).
5. ELISA AND WESTERN BLOT TESTING

The contractor will perform approximately 6200 ELISA tests per month and 15 WB tests per month. The contractor will perform these tests in its own laboratory. The lab will be certified or licensed for these procedures and will analyze specimens using a Federal Drug Administration (FDA) licensed ELISA test and an FDA-licensed WB blood test.

6. BILLING AND PAYMENT

The contractor will bill the National Office of Job Corps monthly using the Cost Contractor's Invoice, Form MA 3100-1 (11/67), US Department of Labor (Attachment J.1). The invoice will be addressed to the Authorized National Office Representative, with an original and two copies. The invoice will show the total amount of the contract, the total amount invoiced for the current month, and the percentage of the contract amount invoiced including the current month.

7. LABORATORY QUALIFICATIONS/REQUIREMENTS

The laboratory must meet or exceed the following requirements:

  1. Personnel: Technicians, technologists, supervisors, and directors of the laboratory must be licensed by the State in which the tests are performed, or in the absence of State licensure requirements, certified by a national certifying registry such as the American Society of Clinical Pathologists, (ASCP). Personnel are required to participate in continuing education programs in addition to licensure.

  2. Laboratory: The lab must have a CLIA license (Clinical Laboratory Improvement Act) for testing of interstate samples for evidence of HIV infection. It must be licensed in the State in which testing is performed if required by that State, as in New York for example. The laboratory must be enrolled in a nationally recognized proficiency testing program such as College of American Pathologists (CAP) and provide evidence of satisfactory performance. It must be enrolled in the CDC Performance Evaluation Program: Testing for HIV Infection. The Laboratory must have an internal quality control program to assure consistent performance.

  3. Additional Service Requirements

    1. The laboratory has or will provide a dedicated, secure lab space to be used for Job Corps testing to assure the identity and integrity of test results.

    2. The laboratory has or will provide a secure dedicated data processing system capable of providing individual results as well as statistical and demographic analyses and reports.

    3. The contractor will provide a dedicated administrator (and alternate) to communicate with centers, NO, and GH.
    4. Samples will be transported by the contractor to assure they are delivered to the contractor's laboratory within 24 hours of pickup for continental US centers and 48 hours outside continental US.

    5. The laboratory will retain all positive and indeterminate specimens for the entire period of the performance of the contract.

    6. The contractor will provide annual educational services in the form of lectures or presentations in conjunction with two Job Corps meetings, in addition to technical assistance on site as needed by up to three centers.
8. CENTERS FOR DISEASE CONTROL (CDC)

  1. The contractor, by separate agreement with the CDC, as approved by NO, will release to the CDC pertinent statistics and test results accrued from performance of the contract.

  2. The contractor, by separate agreement with the CDC, as approved by NO, may release to the CDC, aliquots of all positive specimens accrued as a result of this contract, provided that duplicate aliquots are maintained for DOL.

9. SECURITY

Electronic transmission of individually identifiable patient information shall be in compliance with Health Insurance Portability and Accountability Act (HIPAA).

10. TRANSITION

During the first 30 days of the contract period, the new contractor shall effect a transition of policy, procedures, and all relevant materials and records, from the present contractor. This will coincide with the last month of the old contract.

 

 

SECTION D - PACKAGING AND MARKING

[FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION]

 

 

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

 
	NUMBER	TITLE	DATE
	
 
	52.246-4	INSPECTION OF SERVICES--FIXED-PRICE	AUG 1996
 

 

 

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

 
	NUMBER	TITLE	DATE
	
 
	52.242-15	STOP-WORK ORDER	AUG 1989
 
 

F.2 PERIOD OF PERFORMANCE

The period of performance shall be (twelve (12) months from the date of contract execution, plus four 1-year options to extend at the discretion of the government.

F.3 REPORTS/DELIVERABLES

The contractor shall be responsible for submission of reports and deliverables as described in Section C.3 of the solicitation.

 

 

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)

(A) The authorized representative of the Contracting Officer is TBD whose authority to act on behalf of the Contracting Officer is limited to the extent set forth in (B) below. Under no circumstances is the Government Authorized Representative (GAR) authorized to sign any contractual documents or approve any alteration to the contract involving a change in the scope, price, terms or conditions of the contract or order.

(B) The Government Authorized Representative is authorized to:

(1) Monitor and inspect Contractor's performance to ensure compliance of the scope of work.

(2) Make determinations relative to satisfactory or unsatisfactory performance, including acceptance of all work performed and/or all products produced under the terms of the contract.

(3) Review and approve invoices.

(4) Review and approve Contractor's project staff as may be called for on the contract.

(5) Recommend program changes to the Contracting Officer as a result of monitoring or as may be requested by the Contractor.

(6) Review, coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract.

G.2 INVOICE REQUIREMENTS

Contractor will prepare and submit proper invoices (as defined in C below) in accordance with the criteria outlined below. (Also, see Clause 52.232-8 "Discount for Prompt Payment", contained in Section I of the contract.):

A. (1) If the contract is a cost-reimbursement type contract, the contractor will submit three (3) ink- signed copies of the invoice, Cost Contractor's Invoice, (ETA 3100-1), together with a detailed report of expenditures, Cost Contractor's Detailed Statement of Costs (ETA 3-2), to the Government Authorized Representative (GAR), U.S. Department of Labor, not more frequently than monthly, unless otherwise so authorized in the contract.

(2) If the contract is a fixed-price type contract, the contractor may submit SF-1034, Public Voucher, or the equivalent thereto; i.e., contractor's own invoice, in lieu of the forms described in A(l) above.

(3) Invoices should be submitted to the individual listed below:

TBD
U.S. Department of Labor, ETA
200 Constitution Avenue, NW, Room TBD
Washington, D.C. 20210

B. The Detailed Report of Expenditures (ETA 3-2) submitted with the Invoice (ETA 3100-1) must include the same budget line items or cost categories as appears in the contract, including any modifications thereto.

C. To constitute a proper invoice, the invoice, must include the following information and/or attached documentation:

(1) Name and address of the Contractor;

(2) Invoice date;

(3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms. Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, telephone number and mailing address of person to be notified in event of a defective invoice.

(8) Any other information or documentation required by other requirements of the contract.

In addition to the above, invoices should be numbered consecutively. All final invoices shall be clearly marked Final Invoice.

G.3 METHOD OF PAYMENT

A. Payments under this contract will be made either by check or electronic funds transfer (through the Treasury Fedline Communications System (FEDLINE) or the Automated Clearing House (A H)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. The contractor shall submit this designation to the Contracting Officer or other Government official as directed.

B. For payments through FEDLINE, the Contractor shall provide the following information:

(1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.

(2) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System.

(3) Payee's account number at the financial institution where funds are to be transferred.

(4) If the financial institution does not have access to the Federal Reserve Communications System, provide the name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution.

C. For payments through ACH, the Contractor shall provide the following information:

(1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE).

(2) Number of account to which funds are to be deposited.

(3) Type of depositor account ("C" for checking, "S" for savings).

(4) If the Contractor is a new enrollee to the ACH system, a "Payment Information Form," SF 3881, must be completed before payment can be processed.

D. In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.

E. The documents furnishing the information required in paragraphs B and C above must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.

F. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.

G. The Contractor shall forward the information required above to:

U.S. Department of Labor, ETA
Division of Accounting, Room N-4702
200 Constitution Avenue, NW
Washington, DC 20210

 

 

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 KEY PERSONNEL

The personnel specified below or in attachment to this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; Provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The below list or attachment to this contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

For the purpose of this contract, the key personnel positions are identified below as:

								-	
								-	
								-	
								-	
								-	
								-	
 

H.2 ACCOUNTING AND AUDITING SERVICES

(a) Accounting

The contractor may procure and utilize such accounting services as are required to establish and maintain an accounting system which reflect accurate, current and complete financial transactions and which meet the standards of the Comptroller General of the United States and the Department of Labor.

(b) Auditing

The contractor shall audit or have audited subcontractor financial records as may be required to determine, at a minimum, the fiscal integrity of financial transactions and compliance with laws, regulations and administrative requirements.

The U.S. Department of Labor shall be responsible for scheduling all audits of the prime contractor's books, documents, papers and records. The Department will use its own audit resources or shall use certified or public accountants under contract or auditors from another Federal agency.

Cost of Accounting Services and Audit of subcontractors as described herein are allowable cost under this contract. Costs for audits for which the U.S. Department of Labor is responsible are unallowable.

H.3 USE OF AND PAYMENT TO CONSULTANTS

(a) Consultant(s) hired to perform under this contract may be compensated at a rate for time actually worked (e.g., amount per day, per week, per month, etc.), or at a fixed price for performance of a specific task, or at nominal compensation in accordance with Contractor's policies. However, for the use and payment to consultant(s) prior written approval must be obtained from the Contracting Officer.

(b) The amount or rate of payment will be determined on a case-by- case basis, taking into account (among any other relevant factors) the relative importance of the duties to be performed, the stature of the individual in his specialized field, comparable pay for positions under the Classification Act or other Federal pay systems, rates paid by private employers and rates previously paid other experts or consultants for similar work.

(c) The contractor shall maintain a written report for the files on the results on all consultations charged to the contract. This report must include, as a minimum: (1) the consultant's name, dates, hours and amounts charged to the contract; (2) the names of the contractor's staff to whom the services are provided; and (3) the results of the subject matter of the consultation.

H.4 PRINTING

Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title 1 of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract: provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 by 11 inches, one side only, one color.

H.5 CONTRACT NUMBER IDENTIFICATION

The Contractor agrees to utilize the number of this contract on all correspondence, communications, reports, vouchers and such other data concerning this contract or delivered hereunder.

H.6 SUBMISSION OF CORRESPONDENCE

All correspondence relating to contractual aspects shall be directed to the Division of Contract Services, Attention: Contracting Officer.

H.7 OTHER CONTRACTORS

The Government may undertake or award other contracts for the same, essentially similar, or related work, and the Contractor shall fully cooperate with such other contractors and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees.

The foregoing paragraph shall be included in the contracts of all Contractors with whom this Contractor will be required to cooperate. The Government shall equitably enforce this clause as to all contractors, to prevent the imposition of unreasonable burdens on any contractor.

H.8 LAWS APPLICABLE

The contractor will perform its duties in accordance with the applicable Act, and the regulations, procedures and standards promulgated thereunder. The Contractor will comply with all applicable Federal and State and Local laws, rules, and regulations which deal with or relate to the employment of persons who perform work or are trained under contract.

This contract in no way relieves the Contractor of responsibility for compliance with the provisions of the Fair Labor Standards Act, as amended.

H.9 DISPOSITION OF MATERIAL

Upon termination or completion of all work under this contract, the Contractor shall prepare for shipment, deliver F0B destination, or dispose of all materials received from the Government and all residual materials produced in connection with the performance of this contract as may be directed by Contracting Officer, or as specified in other provisions of this contract. All materials produced or required to be delivered under this contract become and remain the property of the Government.

H.10 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES

(a) No person shall on the ground of race, religion, color, handicap, national origin, sex, age, political affiliation, or beliefs be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded or otherwise financially assisted, in whole or in part with funds made available hereunder. (b) In addition, this contract and any subcontract hereunder is subjected to Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations issued thereunder and found at 29 CFR 31. The Contractor agrees that any service, financial aid, or other benefit to be provided by it under this contract shall be furnished without discrimination because of race, color, sex, or national origin; and that his employment practices shall be subject to the same restrictions to ensure nondiscriminatory treatment of beneficiaries of assistance under the Act.

H.11 DISCLOSURE OF CONFIDENTIAL INFORMATION

The Contractor agrees to maintain the confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, test reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the contract and to persons having responsibilities under the contract, including those furnishing services to the projects under subcontracts.

H.12 ELIMINATION OF SEXIST LANGUAGE AND ART WORK

All written materials issued by the Contractor or grantee shall conform to the following guidelines for eliminating sexist language and art work:

(a) Avoid the use of sex reference in job titles. Titles should conform to the Census Bureau's occupational classification system and the most recently published edition of the Dictionary of Occupational Titles.

-- Longshore workers instead of longshoremen.

(b) Avoid the use of male and female gender word forms.

-- Aviator to include men and women pilots, not aviatrix.

(c) Include both sexes by using terms that refer to people as a whole.

-- Human beings or people instead of mankind.

(d) Avoid the use of masculine and feminine pronouns or adjectives in referring to a hypothetical person or people in general. Change sentences such as: The average American worker spends 2 years of his life in the workforce.

-- By rewording to eliminate unnecessary gender pronouns and adjectives. (The average American worker spends 20 years in the workforce.)

-- By recasting into the plural. (Most Americans spend 20 years of their lives in the workforce.)

-- By replacing the masculine or feminine pronoun or adjective with "one", "you", "he or she", "her or him", or his or her". (An average American spends 20 years of his or her life in the workforce.)

(e) Refer to both men and women in such generic terms as economist, doctor, or lawyer. Identify sex through the use of pronouns.

-- The lawyer made her final summation.

(f) Avoid the use of stereotyped terms or expressions such as "man-sized" job.

-- Employee-years and employee-hours (or staff-hours) instead of man-years and man-hours.

(g) The use of art work in publications should conform to the following guidelines:

(i) Strive to use racially and sexually balanced designs.

(ii) Depict both men and women in art work on general subject matters.

(iii) Show men and women in a variety of roles in photographs, illustrations, and drawings.

-- Show women and men as managers and skilled laborers.

H.13 HAZARDOUS OCCUPATION ORDERS

The Contractor shall comply with the Hazardous Occupation Orders issued pursuant to the Fair Labor Standards Act and set forth at 20 CFR 570.50 et seq. with respect to the employment of youths under 18 years of age and the Child Labor Standards of 29 CFR 570.31 et seq. with respect to the employment of youths aged 14 and 15.

H.14 INSURANCE REQUIREMENTS (FAR-SUBPART 28.3)

In accordance with the Federal Acquisition Regulation, 48 CFR, Clause 52.228-7 entitled, "Insurance-Liability to Third Persons" the following kinds and amounts of insurance must be procured and maintained in force during the lifetime of the above numbered contract.

  1. Worker's Compensation - In the amounts required by State law or the United States Longshore Worker's and Harbor Workers' Compensation Act (33 U.S.C. 901).

  2. Occupational Diseases Insurance - As required by applicable law. In any area where all occupational diseases are not compensable under applicable law, insurance for occupational diseases shall be secured under the employer liability section of your insurance policy, minimum per accident $100,000.

  3. Employer Liability - This insurance is to cover any liability imposed upon an employer, by law, for damages on account of personal injuries, including death resulting therefrom, sustained by his employees by reason of accident.

  4. General Liability Insurance (Bodily Injury) - This insurance protects the insured against claims arising from bodily injury or death to third parties occurring on it business premises or through its operations except those arising from motor vehicles away from the premises, those covered by any Worker's Compensation law, and other exclusions stated in the policy. The required coverage for bodily injury shall be $200,000 per person and $500,000 per occurrence.

  5. Automobile Liability - The required coverage is $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

  6. The policies evidencing such insurance as required under this contract shall contain the following endorsement:

    "No cancellation, termination, or modification of this policy shall take effect prior to the expiration of 35 days after written notice of the cancellation, termination or modification together with suitable identification of the policy and name insured has been sent by registered letter to the Government representative at the address stated below:

    Name of Contracting Officer: Keith A. Bond

    Address: USDOL/ETA/DASET/OGCM/DCS
    200 Constitution Ave., N.W.
    Room C-4310
    Washington, D.C. 20210

    The types and minimum limits reflected above for vehicle insurance shall apply to any vehicle operated or used in connection with performance of official business under this contract. In the event a privately-owned vehicle is used, the Government's share of insurance premiums, including any additional coverage required to conform with the above limits, shall be prorated in accordance with the vehicle's actual use while conducting business under the terms of this contract.

H.15 PERFORMANCE STANDARDS

The composition, workmanship, printing or reproduction and substantive content of all reports, evaluations, charts, tables, graphs, and other data to be furnished under this contract shall strictly conform to the generally accepted quality standards of the Contractor's profession and shall be suitable for dissemination and use without revision, to DOL, other Government agencies and the general public.

Reports shall include a complete disclosure of all data relevant to the work performed, the techniques developed, the investigations made, and shall be relevant to the materials studies and methods and processes employed.

H.16 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE (FAR 17.208(G))

  1. 1. The Government may extend the terms of this contract by written notice to the Contractor at least 60 calendar days before the contract expires. This notice does not commit the Government to an extension.
  2. 2. If the Government exercises this option, the extended contract shall be considered to include this option provision.
  3. 3. The initial period of this contract may be extended by one year, at estimated costs and indirect costs as follows:

    	Option
    	Year	Estimated Cost	Indirect Cost	Total Estimated Cost
      		
    The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
  4. Estimated costs, including any indirect costs, for the options years shall be determined at the time of contract execution. Any anticipated deviations from total preestimated option year costs must be presented to the Contracting Officer in writing, with an explanation and justification of the anticipated deviation(s), 10 calendar days after receipt of notice by the contractor of the Government 's intention to exercise the option to extend the term of the contract. No deviations from the total pre-established option years estimated costs shall be permitted without the written consent of the Contracting Officer. Deviations which would increase the total pre-established option year estimated costs by more than 10 percent shall not be permitted under any circumstances.

H.17 RELEASE OF INFORMATION

The contractor shall not at any time disseminate any information concerning the specific projects hereunder without prior approval of the Government.

 

 

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

 

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

 
	NUMBER	TITLE	DATE
	
 
	52.202-1	DEFINITIONS	DEC 2001
	52.203-3	GRATUITIES	APR 1984
	52.203-5	COVENANT AGAINST CONTINGENT FEES	APR 1984
	52.203-6	RESTRICTIONS ON SUBCONTRACTOR SALES TO	JUL 1995
	THE GOVERNMENT
	52.203-7	ANTI-KICKBACK PROCEDURES	JUL 1995
	52.203-8	CANCELLATION, RESCISSION, AND RECOVERY	JAN 1997
	OF FUNDS FOR ILLEGAL OR IMPROPER
	ACTIVITY
	52.203-10	PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR	JAN 1997
	IMPROPER ACTIVITY
	52.203-12	LIMITATION ON PAYMENTS TO INFLUENCE	JUN 1997
	CERTAIN FEDERAL TRANSACTIONS
	52.204-4	PRINTED OR COPIED DOUBLE-SIDED	AUG 2000
	ON RECYCLED PAPER
	52.209-6	PROTECTING THE GOVERNMENT'S INTEREST	JUL 1995
	WHEN SUBCONTRACTING WITH CONTRACTORS
	DEBARRED, SUSPENDED, OR PROPOSED FOR
	DEBARMENT
	52.214-26	AUDIT AND RECORDS--SEALED BIDDING	OCT 1997
	52.214-27	PRICE REDUCTION FOR DEFECTIVE COST OR	OCT 1997
	PRICING DATA--MODIFICATIONS--SEALED
	BIDDING
	52.214-28	SUBCONTRACTOR COST OR PRICING	OCT 1997
	DATA--MODIFICATIONS--SEALED BIDDING
	52.214-29	ORDER OF PRECEDENCE--SEALED BIDDING	JAN 1986
	52.215-1	INSTRUCTIONS TO OFFERORS--COMPETITIVE	MAY 2001
	ACQUISITION
	52.219-6	NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE	JUL 1996
	52.219-8	UTILIZATION OF SMALL BUSINESS CONCERNS	OCT 2000
	52.219-14	LIMITATIONS ON SUBCONTRACTING	DEC 1996
	52.222-3	CONVICT LABOR	AUG 1996
	52.222-21	PROHIBITION OF SEGREGATED FACILITIES	FEB 1999
	52.222-26	EQUAL OPPORTUNITY	APR 2002
	52.222-35	EQUAL OPPORTUNITY FOR SPECIAL DISABLED	DEC 2001
	VETERANS, OF THE VIETNAM ERA, AND OTHER
	ELIGIBLE VETERANS
	52.222-36	AFFIRMATIVE ACTION FOR WORKERS WITH	JUN 1998
	DISABILITIES
	52.222-37	EMPLOYMENT REPORTS ON SPECIAL DISABLED	DEC 2001
	VETERANS, VETERANS OF THE VIETNAM ERA,
	AND OTHER ELIGIBLE VETERANS
	52.222-38	COMPLIANCE WITH VETERANS' EMPLOYMENT	DEC 2001
	REPORTING REQUIREMENTS
	52.223-6	DRUG-FREE WORKPLACE	MAY 2001
	52.225-13	RESTRICTIONS ON CERTAIN FOREIGN	JUL 2000
	PURCHASES
	52.227-1	AUTHORIZATION AND CONSENT	JUL 1995
	52.227-2	NOTICE AND ASSISTANCE REGARDING PATENT	AUG 1996
	AND COPYRIGHT INFRINGEMENT
	52.227-14	RIGHTS IN DATA--GENERAL	JUN 1987
 
	52.229-3	FEDERAL, STATE, AND LOCAL TAXES	JAN 1991
	52.229-5	TAXES--CONTRACTS PERFORMED IN U.S.	APR 1984
	POSSESSIONS OR PUERTO RICO
	52.232-1	PAYMENTS	APR 1984
	52.232-8	DISCOUNTS FOR PROMPT PAYMENT	FEB 2002
	52.232-11	EXTRAS	APR 1984
	52.232-17	INTEREST	JUN 1996
	52.232-23	ASSIGNMENT OF CLAIMS	JAN 1986
	52.232-33	PAYMENT BY ELECTRONIC FUNDS--CENTRAL	MAY 1999
	CONTRACTOR REGISTRATION
	52.233-1	DISPUTES	7/02
	52.233-3	PROTEST AFTER AWARD	AUG 1996
	52.242-13	BANKRUPTCY	JUL 1995
	52.243-1	CHANGES--FIXED PRICE	AUG 1987
	ALTERNATE I (APR 1994)
	52.244-2	SUBCONTRACTS	AUG 1998
	52.244-6	SUBCONTRACTS FOR COMMERCIAL ITEMS	MAY 2002
	52.246-25	LIMITATION OF LIABILITY--SERVICES	FEB 1997
	52.249-2	TERMINATION FOR CONVENIENCE OF THE	SEP 1996
	GOVERNMENT (FIXED-PRICE)
	52.249-8	DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)	APR 1984
	52.253-1	COMPUTER GENERATED FORMS	JAN 1991
 

I.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

I.3 52.232-25 PROMPT PAYMENT (JUN 1997)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments (1) Due Date. (i) Except as indicated in subparagraph (a)(2) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events:

(A) The 30th day after the designated billing office has received a proper invoice from the Contractor (except as provided in subdivision (a)(1)(ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(i) Name and address of the Contractor.

(ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.

(viii) Any other information or documentation required by the contract (such as evidence of shipment).

(ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice.

(4) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty.

(i) A proper invoice was received by the designated billing office.

(ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g., tariffs). This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph (a)(3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The following periods of time will not be included in the determination of an interest penalty:

(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils).

(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.

(C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract.

(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1 need not be paid.

(iv) Interest penalties are not required on payment delays due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes.

(6) Prompt payment discounts. An interest penalty also shall be paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a)(5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid.

(7) Additional interest penalty. (i) a penalty amount, calculated in accordance with paragraph (a)(7)(iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor--

(A) Is owed an interest penalty of $1 or more;

(B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and

(C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii)(A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors shall--

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;

(2) Attach a copy of the invoice on which the unpaid late payment interest was due; and

(3) State that payment of the principal has been received, including the date of receipt.

(B) Demands must be postmarked on or before the 40th day after payment was made, except that--

(1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before the 40th day after payment was made; or

(2) If the postmark is illegible or nonexistent and the designated payment office fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made.

(iii)(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except--

(1) The additional penalty shall not exceed $5,000;

(2) The additional penalty shall never be less than $25; and

(3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.

(B) If the interest penalty ceases to accrue in accordance with the limits stated in paragraph (a)(5)(iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty specified in paragraph (a)(7)(iii)(A) of this clause.

(C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximum and minimum additional penalty determination shall be made separately for each contract therein.

(D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).

(b) Contract financing payments--(1) Due dates for recurring financing payments. If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified.

(2) Due dates for other contract financing. For advance payments, loans, or other arrangements that do not involve recurring submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer.

(3) Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays.

(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.

I.4 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (FAR 52.237-7) (JAN 1997)

(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to idemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: _____*______.

* Amounts are listed below:

(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.

(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

* Amounts from paragraph (a) above:

I.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far

 

 

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

	ATTACHMENT					   NO.
	NUMBER		TITLE		DATE		PAGES
	

J.1 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE)

J.2 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2 (1 PAGE)

J.3 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT, OMB 1293-0005 (2 PAGES)

J.4 LIST OF JOB CORPS CENTERS (AVAILABLE IN HARD COPY ONLY)

J.5 CONTRACTOR'S BID PRICING SHEET

 

 

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.

 
	NUMBER		TITLE								DATE
	
 
	52.203-11	CERTIFICATION AND DISCLOSURE REGARDING	APR 1991
				PAYMENTS TO INFLUENCE CERTAIN FEDERAL
				TRANSACTIONS
 

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that--

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to--

(i) those prices;

(ii) the intention to submit an offer;, or

(iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above

	____________________________________________
 
	____________________________________________
 
	____________________________________________
 
 
[Insert full name of person(s) in the offeror's organization responsible for determining the prices offered in the bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

K.3 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

     [  ]  TIN:. ____________________________
 
     [  ]  TIN has been applied for.
 
     [  ]  TIN is not required because:
 
     [  ]  Offeror is a nonresident alien, foreign corporation, or foreign partnership that does
	  not have income effectively connected with the conduct of a trade or business in the United
	   States and does not have an office or place of business or a fiscal paying agent in the
	    United States;
 
     [  ]  Offeror is an agency or instrumentality of a foreign government;
 
     [  ]  Offeror is an agency or instrumentality of the Federal Government.
 

(e) Type of organization.

     [  ]  Sole proprietorship;
 
     [  ]  Partnership;
 
     [  ]  Corporate entity (not tax-exempt);
 
     [  ]  Corporate entity (tax-exempt);
 
     [  ]  Government entity (Federal, State, or local);
 
     [  ]  Foreign government;
 
     [  ]  International organization per 26 CFR 1.6049-4;
 
     [  ]  Other ___________________________________________
 

(f) Common parent.

     [  ]  Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
 
     [  ]  Name and TIN of common parent:
 
    Name ____________________________________________________
 
    TIN  ____________________________________________________
 
 

K.4 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that -

(i) The Offeror and/or any of its Principals -

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.

(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

K.5 52.214-14 PLACE OF PERFORMANCE--SEALED BIDDING (APR 1985)

(a) The bidder, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the bidder as indicated in this bid.

(b) If the bidder checks "intends" in paragraph (a) above, it shall insert in the spaces provided below the required information:

 
 Place of Performance (Street			Name and Address of Owner
 Address, City, County, State,			and Operator of the Plant or
 Zip Code)						Facility if Other than Bidder
 
_________________________________	_____________________________
 
_________________________________	_____________________________
 
_________________________________	_____________________________
 
 
 

K.6 52.214-16 MINIMUM BID ACCEPTANCE PERIOD (APR 1984)

(a) "Acceptance period," as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of bids.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of 60 calendar days.

(d) In the space provided immediately below, bidders may specify a longer acceptance period than the Government's minimum requirement.

The bidder allows the following acceptance period: __________ calendar days.

(e) A bid allowing less than the Government's minimum acceptance period will be rejected.

(f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above.

K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2002)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is-- 621511.

(2) The small business size standard is $11.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.

(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision--

Service-disabled veteran-owned small business concern--

(1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern, as used in this provision, means a small business concern--

(1) That is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women- owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a),8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

K.8 52.219-2 EQUAL LOW BIDS (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first- tier subcontractors) amount to more than 50 percent of the contract price.

 ______________________________________________________________________
 
 ______________________________________________________________________
 

(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

K.9 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that--

(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114;

(b) It [ ] has, [ ] has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

K.10 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that--

(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

K.11 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)

(a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1995.-

(b) By signing this offer, the offeror certifies that----

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or--

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.)-

[ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c);-

[ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);-

[ ] (III) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

[ ] (iv) The facility does not fall within Standard Industrial Classification Code (SIC) major groups 20 through 39 or their corresponding North American Industry Classification System (NAICS) sectors 31 through 33; or

[ ] (v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction.

K.12 SIGNATURE BLOCK

I, the undersigned, do hereby attest that all representations and certifications made in this Section K are true.

Also, I, the undersigned, am aware of the penalties prescribed in 18 U.S. Code 1001 for making false statements in offers; and I am legally authorized to bind the company or organization represented.

 
 
 
 
	__________________________________________	_____________
	(Signature)							(Date)
 
 
	__________________________________________
	(Typed or Printed Name)
 
 
	__________________________________________
	(Title)
 
 
	__________________________________________
	(Solicitation Number)
 
 
	__________________________________________
	(Name of Company/Organization Represented)
 
 
 
 
 
	__________________________________________
	(Address, including Zip Code)
 
 
 
	_______________________________________
	(Telephone Number, including Area Code)
 
 

 

 

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.

	NUMBER		TITLE		DATE
	

L.2 52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

L.3 52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

L.4 52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

L.5 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is ``late'' and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

L.6 52.214-9 FAILURE TO SUBMIT BID (JUL 1995)

Recipients of this solicitation not responding with a bid should not return this solicitation, unless it specifies otherwise. Instead, they should advise the issuing office by letter or postcard whether they want to receive future solicitations for similar requirements. Instead, they should advise the issuing office by letter, postcard, or established electronic commerce methods, whether they want to receive future solicitations for similar requirements.

L.7 52.214-12 PREPARATION OF BIDS (APR 1984)

(a) Bidders are expected to examine the drawings, specifications, Schedule, and all instructions. Failure to do so will be at the bidder's risk.

(b) Each bidder shall furnish the information required by the solicitation. The bidder shall sign the bid and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(c) For each item offered, bidders shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Bids for supplies or services other than those specified will not be considered unless authorized by the solicitation.

(e) Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

(f) Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

L.8 52.214-5 SUBMISSION OF BIDS (MAR 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a) (1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation; or

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

L.9 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUN 1999)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information:

(1) Company name.
(2) Company address.
(3) Company telephone number.
(4) Line of business.
(5) Chief executive officer/key manager.
(6) Date the company was started.
(7) Number of people employed by the company.
(8) Company affiliation.

(c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://www.customerservice@dnb.com/. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com.

L.10 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a (Firm Fixed Price) contract resulting from this solicitation.

L.11 52.233-2 SERVICE OF PROTEST (AUG 1996)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

KEITH A. BOND
Contracting Officer

Hand-Carried Address:

U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room S-4203
Washington DC 20210

Mailing Address:

U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room S-4203
Washington DC 20210

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far

L.13 REQUEST FOR CLARIFICATION (RFC)

All Requests For Clarification (RFC) must be received no later than 2:00 p.m. local time, March 24, 2003.

Only electronic submission of requests will be accepted. They shall be submitted to Ms. Dayle White at dwhite@doleta.gov. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines that the RFC raises an issue of significant importance, the government will respond electronically.

The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at the DOLETA Internet site (http://www.doleta.gov/grants/rfp.cfm).

Please be advised that it is the sole responsibility of the offeror to continually view the website for any amendments to this solicitation.

 

 

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.

	NUMBER		TITLE						DATE

	52.232-15	PROGRESS PAYMENTS NOT INCLUDED	APR 1984
 

M.2 52.214-10 CONTRACT AWARD--SEALED BIDDING (JUL 1990)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government considering only price and the price related factors specified elsewhere in this solicitation.

(b) The Government may (1) reject any or all bids, (2) accept other than the lowest bid, and (3) waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or group of items of a bid, unless the bidder qualifies the bid by specific limitations. Unless otherwise provided in the Schedule, bids may be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the bidder specifies otherwise in the bid.

(d) A written award or acceptance of a bid mailed or otherwise furnished to the successful bidder within the time for acceptance specified in the bid shall result in a binding contract without further action by either party.

(e) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

M.3 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).