PROGRAM MGMT. SERVICES FOR JOB CORPS DESIGN & CONSTRUCTION
 

[ X ] Request for Proposal, [ ] 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 aproposal/bid intent form PROPOSAL INTENT FORM. See Section L (Section C if SF 1449 is used) for proposal/bid instructions PACKAGING INSTRUCTIONS. ALL AMENDMENTS TO THIS SOLICITATION WILL BE MADE AVAILABLE THROUGH GOVERNMENT HOMEPAGE ATWWW.DOLETA.GOV. IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTSTO THE SOLICITATION.
 

Solicitation Number  RFP-DCS-00-08
Issue Date:  12/28/1999
Due Date:  03/15/2000
Time:  2:00 p.m.
Program Office:  
Contracting Officer:  Keith A. Bond
ContractPoint:
Phone:
Fax:
E-Mail:
 Chari A.Magruder
 202-219-8698, ext. 113
 202-219-8739
 cmagruder@dol.eta
Set Aside:  

 

PERTINENT SECTIONS OF SOLICITATION
 

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

 Statement of Work
 
 
 
 

 
 
 

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER
    UNDER DPAS (15 CFR 700)
RATING
 N/A

PAGE OF PAGES

 1 |  114
2. CONTRACT NUMBER
 
 
 
3. SOLICITATION NUMBER
 
 
 RFP-DCS-00-08
4. TYPE OF SOLICITATION
 
SEALED BID (IFB)
 X
NEGOTIATED (RFP)
5. DATE ISSUED
 
 
 12/28/1999
6. REQUISITION/PURCHASE NUMBER
 
 PAR
 CAM
7. ISSUED BY    CODE
 
 U.S. Department of Labor, ETA/OGCM
 Division of Contracting Services
 200 Constitution Avenue, NW
 Room C-4310
 Washington  DC  20210
8. ADDRESS OFFER TO (If other than Item 7)
 
 
 
 
     
NOTE:  In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9.  Sealed offers in original and   4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 6, or if hand carried, in the depository located in   Item 7 until   2:00 p.m. (Hour) local time   03/15/2000 (Date) . 
CAUTION - LATE Submissions, and Withdrawals:  See Section L, Provision No. 52.214-7 or 52.215-1.  All Offers are subject to all terms and conditions contained in this solicitation. 
10. FOR INFORMATION CALL:
 
A. NAME
 
 Chari A. Magruder

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS
 
 cmagruder@dol.eta
AREA CODE |

NUMBER

|

EXT.

 202-219-8698, ext. 113

11. TABLE OF CONTENTS   See Attached Table of Contents

(X)SEC. DESCRIPTIONPAGE(S)(X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

  A SOLICITATION/CONTRACT FORM    

I

 CONTRACT CLAUSES 
  B SUPPLIES OR SERVICES AND PRICES/COSTS  

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

  C DESCRIPTION/SPECS./WORK STATEMENT    

J

 LIST OF ATTACHMENTS 
  D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS
  E INSPECTION AND ACCEPTANCE    K  REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS  
  F DELIVERIES OR PERFORMANCE  
  G CONTRACT ADMINISTRATION DATA     L INSTR., CONDS., AND NOTICES TO OFFERORS  
  H SPECIAL CONTRACT REQUIREMENTS     M  EVALUATION FACTORS FOR AWARD  
OFFER (Must be fully completed by offeror)
NOTE:  Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum bid Acceptance Period.
12.In compliance with the above, the undersigned agrees, if this offer is accepted within   calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause no. 52.232-8)
10 CALENDAR DAYS (%)
 
20 CALENDAR DAYS (%)
 
30 CALENDAR DAYS (%)
 
CALENDAR DAYS (%)
 
14.ACKNOWLEDGEMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO. DATE AMENDMENT NO. DATE
       
       
15A.NAME AND ADDRESS OF OFFEROR

CODE 

 

FACILITY 

 
 
 
 
 
     
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
 
 

15B. TELEPHONE NUMBER

 
15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE -ENTER SUCH ADDRESS IN SCHEDULE
17. SIGNATURE
 
 
18. OFFER DATE
 
 
AREA CODE |

NUMBER

| EXT.
 
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED
 
 
20. AMOUNT
 
 
21. ACCOUNTING AND APPROPRIATION
 
 
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
 
 
 10 U.S.C. 2304(a) (  )
 
 41 U.S.C. 252(c) (  )
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
      (4 copies unless otherwise specified)
 
ITEM
 
 
24. ADMINISTERED BY (If other than Item 7) CODE
 
 
 
 
 
   
25. PAYMENT WILL BE MADE BY CODE
 
 
 
 
 
   
26. NAME OF CONTRACTING OFFICER (Type or print)
 
 
27. UNITED STATES OF AMERICA

 * See SIGNATURE PAGE

(Signature of Contracting Officer)

28. AWARD DATE
 
 
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized written notice.
STANDARD FORM 33   (REV. 9-97)  

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SERVICES ORDERED

Title: "Program Management Services for the Job Corps Design and Construction Program"

The U.S. Department of Labor, Employment and Training Administration (DOL/ETA) is soliciting proposals to obtain the services of a contractor to perform the following basic work elements and tasks: (1) Project management/contract administration of design and construction contracts issued by the U.S. Department of Labor in support of the Job Corps Program; (2) On-site construction management and inspection; (3) Assist in the procurement of furnishings and equipment for new Job Corps facilities; (4) Assist in the negotiations for site acquisition, continuing management and disposal of real property used by the Job Corps Program; (5) Contract Administration tasks to include understanding the Federal Acquisition Regulation in terms of contract preparation, claims and disputes, bid procedures and project delivery strategies, such as design build; and (6) ADP/LAN Support.

Solicitation No. is RFP-DCS-00-08.

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

This solicitation is a 100% 8 (a) Small Business Set-Aside.

The Standard Industrialized Code is 8741, with a $5 million size standard.

A cost reimbursement type contract is contemplated for this requirement.

Closing time and date are March 15, 2000, 2:00 p.m. local time.

A pre-proposal conference with prospective offerors will be held to explain or clarify the requirement on January 12, 2000, in Room S-4215, Rooms A and B, from 9:00 a.m. through 12:00 p.m., U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Registration is from 9:00 a.m. to 9:55 a.m. The Conference will begin at 10:00 a.m. Prospective offerors will be invited to submit questions in advance. If an interpreter for the deaf or hearing impaired is needed, please contact Chari Magruder on (202) 219-8698, and one will be made available. A transcript of the pre-proposal conference will be available on DOL/ETA's Internet Home Page at HTTP://WWW.DOLETA.GOV approximately one week after the conference. A reading room of pertinent documents will be made available starting January 10 - 21, 2000, from 9:00 a.m. to 2:00 p.m. The reading room may be visited by appointment only. Appointments can be made by contacting Chari A. Magruder at (202) 219-8698, ext. 113.

The incumbent contractor under this solicitation is DMJM/HTB, Inc. of Arlington, Virginia, under Contract Number E-4768-4-00-82-10. The contract was awarded on July 30, 1994, in the amount of $10,683,857. The total amount awarded under this contract was $54,737,752, inclusive of options.

As noted in the Commerce Business Daily notice, the successful offeror will be required to share and occupy existing office space at 2101 Wilson Boulevard in Arlington, Virginia (located across the street from the Court House subway station-Orange Line). The incumbent contractor, at the request of the Department, has a long term lease on this space which is assignable. It is anticipated that the lease payments will be made by the successful offeror on the unrestricted portion. A reasonable handling fee will be negotiated for lease payments but lease payments will not be part of the base for overhead and profit.

TECHNICAL QUESTIONS MUST BE RECEIVED NO LATER THAN 5:00 PM LOCAL TIME FEBRUARY 4, 2000.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 PURPOSE

The U.S. Department of Labor, Employment and Training Administration (DOL/ETA) is soliciting firms to provide Architect and Engineering and Program Support Services for the Job Corps Program. As described later in this statement of work, two contracts will be awarded.

C.2 BACKGROUND

The Job Corps Program is a major residential and training program that attempts to alleviate the severe employment problems faced by economically disadvantaged youth throughout the United States. The Job Corps Program was originally established by the Economic Opportunity Act of 1964. The program is authorized under Title IV-B of the Job Training Partnership Act (JTPA) of 1982, and is nationally administered through the DOL/ETA, Office of Job Training Programs (OJTP), Office of Job Corps, in Washington, D.C. and ten (10) Regional Offices.

There are a total of 117 residential Job Corps Centers located throughout the continental United States, Alaska, Hawaii and Puerto Rico. The centers are approximately 2,874 buildings (21,000,000 Gross Square Feet) and 7,322 acres of land.

There are two (2) basic types of Job Corps Centers: Contract Centers, which are operated by private Contractors selected in a competitive process conducted by Job Corps Regional Offices; and Civilian Conservation Centers, located on public lands and operated by the U.S. Department of Agriculture, Forest Service or the U.S. Department of Interior Bureaus. There are currently 89 Contract Centers and 28 Civilian Conservation Centers being operated for the U.S. Department of Labor.

The Job Corps Program provides academic education, vocational skills training, work experience, counseling, health care, housing and other support services. The aim of the program is to help youth become responsible adults, prepare for and obtain suitable employment, return to school for further training, thus breaking the cycle of poverty by improving lifetime earning prospects. Job Corps facilities consist of the following functions: dormitory living, academic education, vocational education, food service, recreation, wellness centers, administration, storage and support. Also, several centers have child development centers and solo parent programs. At any given time, Job Corps Centers serve 48,000 corps members with an overall budget of approximately $1.3 billion.

As noted previously, the Department will award two (2) contracts to accomplish the mission and objectives of the Job Corps facilities program. Even though two contracts will be awarded, performing different tasks, a single, comprehensive statement of work will be presented in both solicitations. The purpose is twofold:

1. To give offerors under both solicitations a complete description and understanding of the project tasks and the integration or interrelationship between tasks and staff; and

2. To emphasize the partnership or team relationship that is expected and will be essential between the successful offerors. Tasks and functions overlap. Additionally, the successful offerors will share existing office space, equipment, and other systems. Therefore it cannot be emphasized enough that offerors, in reviewing the statement of work, understand the interrelationship between tasks and the need to work as one team with common goals and commitment to the success of the Job Corps facilities program.

C.3 THE TWO CONTRACTS:

Two separate contracts will be awarded. Following is a description of the method of procurement, tasks assigned, and level of effort, for each solicitation.

I. Full and Open Competition

This solicitation will be an unrestricted competition conducted under FAR Part 36.6 Architect- Engineer Services (Public Law 92-583, as amended: 40 U. S. C. 541-544, also known as the Brooks Act). The level of effort is estimated to be approximately 65 to 70 person years. The successful offeror will be responsible for performing the general tasks under Sections C.5, C.6, C.7, and the specific tasks under C.8 as shown below:

Task 1 - Site Selection and Analysis

Task 2 - Utilization Studies

Task 3 - Facility Surveys

Task 4 - Presentation of the CRA Budget

Task 5 - Job Corps Annual Construction and Rehabilitation Plan

Task 6 - Project Management of Design and Construction Contracts

Task 7 - Technical, Program and Administrative Support

II. Competitive 8(a) Set-Aside Solicitation

A competitive, 100%, 8(a) set-aside will be solicited in accordance with FAR Part 19.805 and FAR Part 15. The level of effort for the set-aside contract is estimated to be between 21 and 23 professional person per years. The successful offeror will be responsible for performing the general tasks under Sections C.5 (a), (c), (d), and (e), C.6, C.7, and the specific tasks under C.9 as listed below:

Task 8 - Project Management of Design and Construction Projects

Task 9 - On-Site Construction Engineers

Task 10 - Real Estate

Task 11 - ADP/LAN Support

C.4 PARTNERING

Within one week following award of the two contracts and notification by the Government, awardees will schedule an initial partnering session. The purpose of the partnering session(s) will be for the management and other principals of the firms to discuss their goals and objectives, prepare a plan to present to DOL for the transition, including the assignment of office space, shared cost items such as lease payments, materials and supplies, equipment, etc., organizational structure to assure a smooth transition and continuing working relationship, conflict resolution, and other coordination tasks as found required by the awardees and necessary to assure a cohesive and successful project. DOL staff shall not be involved in the partnering session(s) except for presentation of the final partnering agreement, requests for information or to address specific topics as requested jointly by the contractors. The number of partnering sessions to be held, following the initial session, shall be determined by the contractors, however a minimum of two sessions are required. It is highly recommended that a knowledgeable and experienced facilitator be considered. Reasonable costs for the partnering activities will be a shared cost to the contracts.

C.5 OBJECTIVE

The contractors shall assist the Employment and Training Administration (ETA) of the U.S. Department of Labor (DOL) to accomplish its mission and function for the planning, management and oversight responsibilities for the Job Corps Design and Construction Program. Toward this end the contractor shall:

(a) Provide various technical and program management services to assist DOL management of all National Office Job Corps Architectural and Engineering (A/E) design and construction projects to help ensure complete of the annual Construction and Rehabilitation Appropriations(CRA)for the Job Corps Program;

(b) Provide architectural and engineering technical support via the conduct completion of required design and construction related reviews, surveys, and analyzes to ensure proper planning, budgeting and management of the Job Corps Design and Construction Program;

(c) Assist in the negotiations for site acquisition, management, and Property used by the Job Corps program;

(d) Coordinate all work to be performed under the terms of this contract ETA National Office and shall be accountable for schedules, compliance with Federal laws, regulations, agency implementing policies, procedures and directives applicable to the work to be performed under the terms of this and

(e) Furnish all management supervision, personnel, equipment and supplies, as specified herein as Government-Furnished Property. All ADP equipment telephone systems, and systems furniture will be Government-Furnished.

The anticipated outcome of the work to be performed under this contract is an organized, well-managed, cost efficient and accountable Job Corps Facilities Program.

C.6 PERSONNEL

The contractors shall provide supervision of their employees at all times. The contractor shall designate, in writing, a Project Director and a Project Management Team who shall be responsible for the overall management of this contract and shall act as the central point of contact with the Government. The representative(s) shall direct the contractor's work force and operations in accordance with the requirements contained herein. The contractor shall maintain a staff which can perform the assigned task both to workload and expertise. Any increase in the authorized staff shall require a written justification from the contractor and written approval from the Contracting Officer's Technical Representative (COTR) and concurrence from the Contracting Officer. The staff shall be dedicated solely to this contract.

The contractors shall be responsible for selecting personnel who are qualified to perform the required services, for supervising techniques used by the personnel in their work, and for keeping personnel informed of all improvements or changes in methods of operation. The Government will not exercise any direct supervision or control over contractor employees performing services under this contract. Such contractor employees shall be accountable not to the Government, but solely to the contractor, who in turn, shall be accountable to the Government.

C.7 PHYSICAL SECURITY

The contractors shall provide physical security measures to safeguard against loss of Government materials or records given during transition and established or maintained during the course of this contract. The contractors shall be responsible for obtaining an inventory of all transferrable materials and records from the incumbent contractor and for maintaining said inventory during the course of the contract. The contractors shall be liable for all losses of Government equipment, materials and records in their charge, regardless of the cause of the loss.

C.8 FULL AND OPEN COMPETITION SPECIFIC TASKS TO BE PERFORMED

The specific tasks to be performed by the contractor(s) are as follows:

Task 1 - Site Selection and Analysis:

Inspect potential Job Corps sites and facilities, gather information about the condition of the existing facilities, such as: the type and condition of the roofing, exterior walls, interior finishes, structural systems, plumbing, electrical systems, HVAC systems, overall interior space layout, NEPA 101 deficiencies, national building code deficiencies, etc.... If the site is vacant land, assess the following: site acreage and condition, the potential for acquisition, location of nearest residential population, transportation, accessibility, physical and environmental features, all environmental considerations required under the National Environmental Policy Act (NEPA), compatibility with the local zoning regulations, and location of all existing utilities.

Review the facilities(s) and/or site for the potential establishment of a Job Corps center and report on that potential including the approximate costs of renovation and/or new construction, A/E design and construction administration costs, and the cost of acquisition for the relocation or establishment of said facility. A report called a Site Assessment shall be provided to the Government within 15 calendar days from receipt of "Notice To Proceed With Task" from the COTR.

The Site Assessment visit and written report may be followed by oral briefings as requested by the Government.

During the contract performance period, it is anticipated that the Government will require and initiate twenty (20) Site Assessment reports. Some site assessment trips may entail the analysis of several sites at the same time in one geographical area.

Task 2 - Utilization Studies:

Develop architectural programs in the form of scopes of work for the design of facilities at new, existing or relocated Job Corps Centers. The program (Scope of Work) shall include, but not necessarily be limited to, the following: Description of project, general design requirements (i.e., code and standards, site constraints, site circulation, utility distribution, site planning criteria, space requirements, functional relationships, energy goals, internal and external circulation, prototypical concepts, materials, finishes, budgets, schedules, etc....). After determining suitability of the site, an Environmental Assessment, and any other NEPA required actions to be performed under the guidelines that are applicable to Job Corps and found in the Code of Federal Regulations. All funding requirements including a confidential government estimate for A/E design and construction administration services, shall be attached to this study.

At the election of the COTR, and in concurrence with the Director of Job Corps, a Scope of Work will be developed to include the following:

a). A vicinity map, a location map, an existing site plan, and a proposed site plan which will indicate building footprints, vehicular circulation, pedestrian circulation, and other major site characteristics.

b). Any existing floor plans, a proposed floor plan indicating the location of walls, windows, doors, etc., spatial relationships, internal circulation and furniture layouts in the case of new dormitories. In addition, include any new buildings that will utilize existing prototypes.

c). If the proposed site has existing facilities situated within the area that will be utilized for Job Corps, then a written description of each facility will be incorporated in the body of the text. In addition, include a brief description of all utilities that will be affected by the new utilization.

d). A detailed construction cost estimate based on gross square footage will also be incorporated into the body of the text, along with a confidential A/E fee estimate. A complete and detailed utilization chart of all the proposed spaces shall also be included.

e). Within the body of the Utilization Study, a definitive scope of work shall be included for all new buildings required and where a major shift in the usage of existing buildings is proposed on any existing Job Corps center.

All Utilization Studies shall be prepared in draft and submitted to the Government for review, comment and clearance within forty-five (45) calendar days from receipt of "Notice To Proceed With Task" from the COTR.

The contractor shall conduct on-site briefings for program officials when required. Based upon the Government's input, via written instructions from the COTR, draft studies shall be revised and the Final Study shall be submitted to the Government for release within fifteen (15) calendar days from receipt of the Government's written instructions.

Task 3 - Facility Survey:

Facility surveys are the source documentation used to develop the Construction and Rehabilitation Appropriations for the Job Corps Facilities Program. The contractor will be required to plan, schedule and complete approximately thirty-five (35) facility surveys, by the end of each Contract Year. Scheduling of the surveys shall be at the discretion of the contractor; however, the Job Corps National Office may provide an alternate site other than those listed. A definitive schedule shall be submitted to the COTR which delineates the week of the site visit, the submittal date of the Preliminary Report, and the Final Report.

The facility survey consists of an on-site inspection and evaluation of a Job Corps facility to report on findings and recommendations for corrections of all deficiencies based on prioritization, report on space utilization of the site, imminent health and life safety deficiencies, and the state of operations and maintenance of the physical plant. The facility survey shall include, but not necessarily be limited to, the following:

(a) a description of the current site and buildings;

(b) the condition of its major sub-systems, such as structural, roofing, exterior walls, interior finishes, windows, doors, HVAC, plumbing and electrical systems, etc.;

(c) a description of current usage of the buildings and site and any unassigned space within the interior of any building;

(d) inclusion of a description of the real estate;

(e) a review of natural hazards to the site and the date of any asbestos surveys accomplished;

(f) a description of energy usage and recommendations for conservation;

(g) a description of preventive maintenance programs, and their effectiveness;

(h) a description of current capital projects;

(i) a list of one-line deficiencies with costs to rectify the deficiency (Inventory of Needs), health and safety problems, improvements for program functions, and identifying those projects that can be completed by center maintenance or VST or by the Regional Office;

(j) a list of one-line deficiencies with costs to rectify deficiencies that specifically pertain to the ADA of 1992;

(k) an Executive Summary;

(l) a building summary sheet showing building number, building name and use, total gross square footage and total net square footage;

(m) a Space Utilization Chart;

(n) a revised text of Repair and Replacement projects, which include: (1) Definition of Classification; (2) Budget Totals; (3) Center Project - previously funded; and (4) Index of Tabulations, Tabulation of Unfunded Center Programmatic Requests;

(o) the contractor shall provide the Government with a photographic document which shall include photographs of facilities keyed to site plans and where possible, black and white photographs of major deficiencies keyed to the respective Deficiency/Recommendation Classification item numbers. This document shall be separate from the Facility Survey Report, and shall be submitted with the Final Facility Survey Report. All photographic documentation must be updated during each survey; and

(p) the contractor shall conduct a review of the preliminary report with program officials at either the center or at the Regional Office with the time frame allowed for Government review.

The Center and the Region shall provide the contractor with a list of construction and renovation projects the center intends to include in their yearly Vocational Skills Training (VST) program submission.

The Real Estate Division of this contract, shall within fifteen (15) calendar days of the release of the Preliminary Report, provide the contractor with a list of those deficiency items which are the responsibility of the Lessor.

The Government (National Office, Regions, and Agencies) is required to review the contractor's submission and provide comments and recommendations relating to additions, deletions or changes within twenty (20) working days after receipt of the contractor's submittal. The Job Corps National Office, Job Corps Regional Offices and Agencies shall ensure that the review process is completed within the required twenty (20) calendar days.

The contractor shall:

(a) incorporate required revisions based on the Government's recommendation;

(b) complete the final survey; and,

(c) Update the Real Property Management System, within twenty (20) working days after receipt of the Government's review and final written instructions/recommendations.

The time frame for the completion of approximately thirty-five (35) facility surveys shall not extend beyond the end of each Contract Year.

Task 4 - Presentation of the CRA Budget:

Capital Budget: The information contained in the most recent Facility Survey report and in the annual validation process for each center shall be maintained by the contractor to facilitate retrieval of cost information; the development and presentation of Job Corps-Wide Inventory of Needs; and the development and presentation of the capital budget approved for the current fiscal period. The pertinent information that will be required for each facility survey for presentation of the annual Program Year CRA Budget presentation of the Inventory of Needs will include:

(1) facility survey item number;

(2) the text of the DEFICIENCY/RECOMMENDATION;

(3) its classification as per the DOL classification system;

(4) the identified Center;

(5) the buildings involved;

(6) the initial estimated cost of implementation including any costs for A/E;

(7) whether the work has been covered in an approved Job Corps Capital Budget (funded, completed, or deferred) and implemented by VST or by owner of Lease Property);

(8) the Job Corps Program period when the work has been budgeted or should be budgeted if not yet covered in an approved Job Corps Capital Budget;

(9) Implementation by the assigned Office (National or Regional);

(10) the date when the information was last verified or updated; and

(11) prioritized inventory of projects proposed for funding consideration.

The contractor shall submit a proposed schedule to the COTR and the National Office of Job Corps for actual presentation of the CRA funding for that particular Program Year. The schedule shall delineate the validation and review process along with the allotted time frames for the centers and the Regions review periods.

The contractor shall, on the planned date, present the CRA Budget for the current Program Year and the one that directly follows, to the National Director of Job Corps for comment and adjustment. An approved Program Year CRA budget will be presented no later than June 30 of that particular year.

The contractor shall also ensure that all relevant data is stored and available for retrieval for reports generated in the manner described above. The Inventory of Needs shall be updated and new total by classification and year submitted to the COTR on an "as needed" basis.

Task 5 - Job Corps Program Year Plan:

Based upon facility survey data, the contractor shall provide technical assistance and management support to ensure that the Government's requirements for advanced planning of Job Corps Architect/Engineer (A/E) and Construction procurement are accomplished. The Job Corp Annual Construction and Rehabilitation Plan and Inventory of Needs fulfill the requirement for advanced procurement planning, and the contractor shall facilitate and assist in its development. Before action can be initiated on specific A/E and Construction projects, this plan must be approved by the COTR.

The two contractors will jointly develop the plan consistent with their areas of responsibility.

As soon as the plan, or portions thereof, is (are) approved, it shall be furnished to the contractor; the contractor shall immediately begin work to implement the approved plan or portions thereof. The contractor shall develop scopes of work to identify additions, deletions, or other changes to be made for specific budgetary line items.

The contractor shall submit a work plan within a time frame specified by DOL for each contract year. This plan will be comprised of existing and on-going projects. This plan shall be developed upon the receipt of the approved Job Corps Annual Capital Facilities Plan.

The Contractor shall prepare a separate work plan from information in the Program Year Construction and Rehabilitation Budget Book to be submitted six (6) weeks after the receipt of the "Notice to Proceed With Task."

The work plan shall include, but not necessarily be limited to, the following:

(1) a delineation of the sequence and schedule for completion of actions required to implement all approved projects in the plan as well as all projects already underway, and all facility surveys to be performed and completed under the contract;

(2) a display of the allocation of staff and time to complete sequenced and scheduled actions; and

(3) evidence of consideration for dovetailing work and employing economic and cost- efficiencies in planning and managing work to be performed.

The Government shall review the Work Plan and provide comments and recommendations for changes based on the Government's needs and requirements within thirty (30) calendar days. Upon acceptance by the Government, the contractor shall utilize the work plan as the basis for project management and monthly status reports.

Task 6 - Project Administration - Design Scheduling:

To accomplish the implementation of the plan, the contractor shall provide scheduling design management and technical representation, and on-site construction management when required, to include the following:

(a) Scope of Work - Assist the Government in carrying out the acquisition of Job Corps A/E design services, including Scope of Work preparation and development, in conformance with procedures prescribed in Public Law 92-582, dated 27 October 1982, and as further implemented in Federal Acquisition Regulations (FAR) Part 36. The contractor will maintain and keep current files of A/E qualification statements for use by the Government.

(b) Design Reviews - Review of A/E design plans, specifications and cost estimates for approval of construction projects to be performed on Government property or to be funded by the Government, including Vocational Skills Training (VST) projects requiring National Office approval in accordance with ETA policy and in accordance with Government (DOL/ETA) standards.

These reviews shall be made on documents, as required, at 30%, 60% and final (or 50% and final) designs. Reviews shall also be performed under a direct task order for VST design projects and construction scopes of work. Comments shall be submitted to the COTR within twenty-one (21) calendar days of receipt of documents to be reviewed. In the case of the design for a new center or a major building design, a 15% design review will be conducted at the contracted A/E's office.

Project Administration - Construction

The following are the relative tasks that are required to be performed by the Design and Construction Project Managers (DCPM) during the construction phase. These tasks and all other associated tasks that are normally accomplished during the construction phase of a project will be required throughout the duration of this contract.

a. Within 14 calendar days of the Notice To Proceed (NTP) for a project, the Project Manager will schedule a Pre-Construction Meeting between the A/E, the General Contractor and the Design and Construction PM for the particular project. An approved Pre-construction text has already been established.

b. Within five (5) working days of a construction site visit, a report must be submitted to the COTR with a copy to the appropriate contract specialist in the Division of Contract Services (DCS).

c. The Design and Construction Manager will assist the contract specialist in the development of all Change Order requests, directives issued by the CO, contract modification requests, and all general letters from the CO to the General Contractor.

d. The Design and Construction Manager will make monthly site visits to each of the assigned projects and prepare a site visit report within five working days.

e. The Design and Construction Manager will schedule and participate in substantial completion walk-throughs and other tasks concerning project close-out.

Task 7 - Technical, Program and Administrative Support:

7 (a) - Energy Audits

At the election of the government, and in accordance with the National Energy Policy Act (EPACT) of 1992 and the Executive Order 12902, the contractor shall be required to conduct energy audits of all Department of Labor owned Job Corps Center, and all leased Job Corps Centers, as practicable. The contractor may be required to conduct and/or administer sub-contracting out of 10 audits per program year. Each Audit shall provide a study of the Job Corps Center's facility energy usage, and will provide a description of potential energy savings in operation and maintenance procedures and through implementation of energy conservation measures (ECMS). Where possible, energy audits may be obtained through Energy Savings Performance Contracting (ESPC).

7 (b) - Technical Support and Reporting for the Federal Energy Conservation System

The DOL is required by the regulations and policies promulgated by the U.S. Department of Energy (DOE) to participate in and report progress toward achieving the Government's energy conservation goals. To support this requirement, as it relates to the Job Corps Capital Facilities Program, the contractor shall:

(1) In accordance with the National Energy Policy Act (EPACT) of 1992 and Executive Order 12902, review and analyze data received from the Job Corps Centers, such as utility bills and quarterly energy consumption reports; input data from the reports of energy usage into the energy system; prepare the required reports for the submittal to the DOL Energy Manager in accordance with DOE instructions and required time frames; and, provide the necessary follow-up support.

(2) Assist Government in preparing field guidance and instruction on energy conservation and policy.

(3) Coordinate energy audits, preparation of building plans, operation plans and emergency plans in accordance with energy conservation requirements, and develop policy recommendations for acquisition and modifications of real property to meet energy conservation goals.

(4) Assist Government (DOL/ETA) in pursuing alternative financing options for the procurement and implementation of energy audits and energy conservation measures through vehicles such as, but not limited to, Energy Savings Performance Contracting or GSA area wide contracts.

7 (c) Accessability Studies for the Disabled (Section 502)

Upon receipt of direction from the COTR, revise and update the DOL Handicapped Accessibility Plan and Record-keeping System to reflect on an annual basis, policy/procedural changes in level of accessibility compliance or its management.

The contractor shall conduct and prepare Accessibility Studies for the Disabled of designated Job Corps Centers to inspect training sites and buildings for conformance to the Uniform Federal Accessibility Standards (UFAS) and the ADA of 1992. Each study will result in a report, scope of work and cost estimate to retrofit the facilities to the standards and will provide a general construction scope of work or a scope of work for an A/E firm to develop and design documents to implement the improvements.

Studies prepared in draft shall be submitted to the Government (DOL/ETA) for review, comment and clearance within twenty (20) working days from receipt of "Notice To Proceed With Task" from COTR. Based upon the Government's input, final studies shall be submitted to the Government (DOL/ETA) for release within ten (10) working days after receipt of Government comment.

The contractor shall assist the Government (DOL/ETA) with the resolution of Section 502 complaints forwarded to the Government (DOL/ETA); prepare a compliance plan; report on the compliance process; and, close files where complaints have been resolved. Develop a system for resolution of 502 complaints quickly and for surveying facilities for 502 compliance. Provide technical assistance where needed to resolve a complaint or develop a compliance plan.

The contractor shall develop a system for reporting of 502 resolution steps, schedules, and cost. All complaints shall be resolved in schedules, and cost. All complaints shall be resolved in accordance with requirements and time frames detailed in the Architectural Barrier Act of 1968 and Section 502 of the Rehabilitation Act of 1973. The American Disabilities Act (ADA) of 1992 will also be used as a guideline.

7 (d) Special Projects and Assistance:

(1) Emergency Studies - Provide technical review and support for unforeseen circumstances such as fires, building collapses, natural disasters, floods, and other emergency circumstances. The contractor shall visit the site and report on findings and corrective actions needed to provide emergency relief. The contractor shall, when authorized, assist in the arrangement of A/E and Construction contracts to implement corrections.

Emergency studies are to be completed in accordance with instructions issued by the COTR at the time the task is assigned by way of Work order issuance.

(2) Review all Civilian Conservation Center(CCC) Long Range Development Plans on an annual basis and provide findings and recommendations to the Government (DOL/ETA) within twenty (20) working calendar days from receipt of plan for review.

(3) Conduct other special studies, and audits identified by the Government required to ensure proper management and integrity of the Job Corps Capital Facilities Program to include: wage determination audits which consist of a review of submitted payrolls relating to compliance with the Davis Bacon Act; cost-benefit studies and analyses; program research and development assistance; policy evaluations and recommendations for revisions; review annual VST program plans requiring national office approval in accordance with ETA policy; attend periodic project status briefings of DOL National Office Personnel; prepare essential project related correspondence and technical memoranda; technical support in the form of preparation and/or reproduction of drawings, charts, and technical papers; and other administrative or logistical support such as participation in DOL meetings and seminars. The contractor shall, after negotiating performance time, comply with all instructions relating to this work issued by the COTR.

Work should be initiated on all projects and tasks immediately after receipt of instructions of "Notice To Proceed With Task" from the COTR.

(4) The contractor shall submit all anticipated travel plans to the COTR for information purposes by Wednesday of the week preceding the travel. Should additional travel prove necessary, notice shall be forwarded to the COTR.

The contractor shall maintain an adequate and uniform record keeping and filing system to ensure proper management and compliance with legal and procedural requirements of the work to be performed under this contract.

The Government shall notify the contractor sixty (60) calendar days prior to the expiration date of the contract, or any extension thereof, of procedures and content of records, documentation, and information to be transferred to the Government and which shall remain the property of the Government. Records and information to be transferred to the Government include, but are not limited to, all project studies; audits; surveys and appraisals; drawings; and related procurement documents. The contractor shall comply with Government instructions and time frames relating to the transfer of all records and documentation.

As required, provide services to coordinate and assist CCC's beyond the normal facility survey process. This includes technical coordination and advice when necessary to interface with their A/E efforts.

7 (e) Environmental Management Program

Assist the Government (DOL/ETA) with their environmental management program, including: preparing Job Corps pollution abatement plan (A-106) each year during the EPA's formal update cycle in accordance with Executive Order 12088 "Federal Compliance with Pollution Control Standards." The pollution abatement plan shall include identification and replacement/retrofitting of PCB electrical transformers, the identification and notification of underground tanks, the identification, hazard assessment and abatement of asbestos containing materials, and other environmental compliance issues as new regulations are promulgated.

7 (f) Historic Resource Management Support

Assist the Government (DOL/ETA) with their historic resource management program, including the identification and the preservation of significant historic resources which are eligible to be included on the National Register for Historic Places.

7 (g) Special Study Support

Upon request, the contractor shall submit eight Long Range Development Plans as a continued pilot program initiated by Job Corps. Specific Job Corps Centers will be determined at a later date.

7 (h) Post Occupancy Evaluations

Upon request, the contractor shall assist in the acquisition of four (4) Post Occupancy Evaluations (POE) at four different Job Corps centers to be determined at a later date. The purpose of these evaluations is to receive input from the users of recently built facilities and to develop techniques to avoid repetition of bad strategies used during the design and construction phases of the project.

7 (i) Redevelopment of All Job Corps Handbooks (JCH)

In order to establish better criteria for design and construction project management and to establish better guidelines for new and renovated facilities, the contractor shall redevelop the following JCH handbooks:

JCH - 811 - Minimum Standards for Existing Job Corps Facilities including the Technical Supplements A & B.

JCH - 813 - Design Management for The Engineering Support Contractor.

JCH - 814 - Planning and Design Guidelines for New Construction of Job Corps Facilities.

JCH - 815 - Construction Management for The Engineering Support Contractor.

The contractor shall complete these tasks within the first year of the contract.

7 (j) Transition Phase

In order to assure a smooth transition and provide continuity of services to the Government, the contractor agrees to fully cooperate with the former contractor and the Department of Labor.

The transition will include, but is not limited to, access to and/or transfer of contractual documents, including other materials developed under this contract and other items deemed necessary and appropriate, relating to performance of this contract.

If any contractual documents have proprietary data, the contractor will be required to ensure that such information is treated in a confidential manner.

The transition period is estimated to require from one to three months, and shall commence upon award of the contract and notification by the Contracting Officer (see Partnering Requirement in Section C.4).

C.9 8(a) SET ASIDE SPECIFIC TASKS TO BE PERFORMED

Task 8 - Project Management and Contract Administration of Design and Construction Contracts:

a) The contractor(s) shall assist and support the DOL, and DOL technical staff in the planning, acquisition and administration of Job Corps design and construction contracts. The task generally include all of those activities typically performed by contract specialists in support of a Contracting Office to include participation on architect and engineering selection panels and fee negotiation review contractual requirements of bidding documents, assist in bid scheduling and opening of bids, prepare bid analysis, work with the design and engineering staff to review and address issues that arise during contract performance, review and monitor construction program and progress payments and, facilitate and direct project close-out and final acceptance. The contractor shall follow the Federal Acquisition Regulation (FAR) in all aspects of the work and other relevant regulations as applicable. An important work element is preparation of extensive written correspondence for review and signature by the Contracting Officer.

b) Assist the DOL Contracting Officer and others in all aspects of dispute resolution to include analysis and preparation of responses to Requests for Equitable Adjustment, claims analysis and preparation, discovery, and general fact finding relating to federal procurement in general and contract administration of design and construction contracting in particular. Assist the DOL Contracting Officer in locating and obtaining the assistance of outside experts and consultants when necessary in claims preparation or other contract disputes.

c) Be responsible for maintaining at all times a current FAR regulation and regularly review and be aware of current case law regarding protests, board of contract appeals decisions, federal court litigations, and other information and policy issues in the procurement field.

d) Implement a system of accurate and complete maintenance and security of contract files and other records. Prepare and submit a written policy and organizational paper to DOL during the transition period of the partnering results in reference to file maintenance. (Only one contract file system will be maintained by the two contractors on the project.)

(e) Maintain and enhance the current management information system for scheduling, fund control, monitoring, and reporting on each project; and provide all project and contract administration necessary to effectively manage the project and adhere to all procurement rules and regulations. The system should promptly identify potential or demonstrated schedule delays, cost overruns and/or other problems which could impact upon Government obligations and thereby be of utility in making recommendations to the Government for corrective actions. (Enhancements to the MIS will remain the property of the Government.)

In accordance with the policy of the Department of Labor, all procurement for Architect/Engineer and Construction services shall be conducted under preference programs in accordance with FAR Part 19 and Departmental policy. The contractor shall provide outreach services and maintain up-to-date source records, including Standard Form 254 record keeping, in order to identify and encourage participation by small, disadvantaged and women owned business concerns in the Job Corps A/E and Construction program. The contractor shall also prepare required Quarterly Minority Business Reports (MBDA-91) on all Job Corps A/E and Construction activities and submit to the Government within thirty (30) calendar days after the fiscal quarter covered by the report.

Task 9 - On-Site Construction Engineers:

Provide a full-time construction engineer at five (5) possible new or relocated Job Corps Center construction sites. The sites shall be determined at a later date. Some of the various duties and responsibilities of this engineer will involve, but are not limited to, construction monitoring, rejection of work for non-conformance, observation of tests on the site, maintaining a daily diary of all construction progress, establishing a CPM before the project has begun and performing Substantial and Final Inspections. The exact duties of this person(s) shall be formally established before sites are selected for this task.

Task 10 - Real Estate:

10 (a) Site Selection and Analysis

Acquisition of real estate occurs continually, renewals of existing leases for leased property occur on a regular basis and changes in utilization of affecting real property occur frequently. The Contractor is responsible for acquiring all real property to be utilized by Job Corps Centers and monitoring terms of payment and changes in needs before, during, and after a site is required for programmatic needs.

OBJECTIVE: The Contractor shall be responsible for all activities relating to the negotiations for acquisition, continuing management, and disposal of all real property used by the Job Corps program. The Contractor will consult with and keep DOL/ETA management personnel apprized of the status of all real property used by the Job Corps. The Contractor shall present real estate reports to the COTR on a monthly basis.

Additional real estate responsibilities for potential and existing Job Corps sites and facilities are detailed below:

10 (b) Leasing and Purchase of Real Property:

The Contractor shall assist DOL/ETA management personnel in the acquisition of real property by lease and by purchase. It is anticipated that approximately three (3) lease negotiations will be conducted per year.

Acquisition of real property is proposed for new and relocated Job Corps Centers. It is anticipated that approximately seven (7) sites will be procured each year and the location of these sites will be determined at a future date.

While not an exclusive listing, the contractor shall perform the following:

(1) Conduct market surveys to identify the availability and determine the suitability of potential sites for Job Corps Centers;

(2) Monitor existing lease arrangements to ensure that market surveys are initiated 36 months prior to the lease expiration dates;

(3) Conduct negotiations with property owners and/or agents;

(4) Order and evaluate appraisals to estimate fair market value of potential sites. Perform value estimates on proposed properties and recommend compensation amounts, when appropriate;

(5) Process new lease agreements, lease renewals, lease terminations, amendments, and other contract documents concerning the leasing of real property;

(6) Prepare option to purchase real property and purchase contracts concerning the acquisition of real property;

(7) Order and evaluate boundary surveys;

(8) Coordinate and follow up on all post closing actions to include final walk through and completion of release statement;

(9) Process condition surveys at the beginning of all leases to identify the condition of the property;

(10) Coordinate all purchases with the Justice Department's Land Acquisition Section, Land and National Resources Division, in accordance with Pamphlet (1972), "A Procedural Guide for the Acquisition of Real Property by Government Agencies;" and

(11) Process all required payment documents for real property acquisitions for Contracting Officer approval and finalization.

10 (c) Management of Government Owned Real Property

The Contractor shall assist DOL/ETA management personnel in the acquisition, management, and disposal of Government owned real property. Seven (7) Real Property Surveys will be conducted each year as required by Federal Property Regulations at 41 CFR 101-47.2 and Executive Order No. 12512. It is anticipated that DOL will process approximately three (3) no cost/cost transfers through GSA.

While not an exclusive listing, the contractor shall perform the following:

(1) Screen Federal Excess Property Listings to determine if the property is suitable for use by Job Corps;

(2) Conduct negotiations with agencies to obtain transfer and use permits where applicable;

(3) Prepare and distribute various forms and reports such as Standard Form 118, "Report of Excess Property," Standard Form 1334, "Request for Transfer of Real Property," Standard Form 81, "Request for Space," and various other reports, licenses and permits;

(4) Perform value estimates and negotiate amounts to be paid to GSA for Federal property transfer;

(5) Prepare use permits, shared use agreements, air, water, and mineral rights easements and transfers, Interagency and Support Agreements;

(6) Arrange for the disposal of real property through the Federal excess property disposal program. Coordinate with GSA in processing excess property disposals;

(7) Coordinate with GSA and prepare necessary documents for all proceeds of real property sales, assure distribution of funds are appropriately allocated back to DOL/Job Corps Program, with the exception of GSA costs for selling the property;

(8) Prepare and submit waivers and requests to GSA and OMB in order to achieve authorization for the acquisition transfer and disposal of Federal property;

(9) Conduct real property surveys as required by GSA, in accordance with the Federal Property Management Regulations, and Executive Order 12512, newly developed Base Lining Procedures for all DOL real property; and

(10) Process required clearance documents to GSA prior to demolition or disposal of buildings or facilities at owned sites.

10 (d) General Real Property Support and Project Management

The Contractor shall assist DOL/ETA management personnel in the day-to-day management of its real property assets and will provide monthly real estate status reports including the status of all work in progress.

The contractor shall perform the following:

(1) Prepare and submit monthly real estate status reports, indicating the status of all work in progress;

(2) Provide a continuing review of all real property holding and contractual arrangements related to real property to make recommendations concerning improving the cost effectiveness for these holdings;

(3) Prepare funding documents and maintain the payment system for all Job Corps leased 68 sites;

(4) Prepare special studies and reports, conduct research and provide technical real property expertise as required;

(5) Monitor real estate agreements to ensure that the various terms and conditions are complied with by all parties. This includes obtaining the Lessor's approval for proposed improvements and informing Lessor of maintenance and repairs that are the Lessor's responsibility (60 sites);

(6) Manage, maintain, and update the Automated Real Property Management System/Foundation Information for Real Property Management System in accordance with GSA World Wide Inventory requirement. Updates will be completed ongoing;

(7) Develop input for real property reports such as the 220 and GSA's RPIS reports; and

(8) Assist in ensuring compliance with various regulations including handicapped accessibility, historic preservation, identification of flood prone properties, etc.

10 (e) Equipment Specialist

The contractor shall provide Job Corps Regional Office staff and Center Operator contractors with guidance, procedures, policies and standards for procurement of equipment.

The contractor shall perform the following:

(1) Establish and maintain listings of equipment on GSA scheduled vendors for use by Regional/Center staff for the purchasing of equipment. Listings will address furniture requirements for the following areas: vocational, recreational, food service administrative, medica/dental, and academics. Equipment listings shall be furnished for the above mentioned areas excluding vocational equipment.

(2) Assist Operating contractor in preparation of the procurement process to include: providing furniture layout according to individual buildings specified per project and all buildings for new centers excluding dormitories; provide printout/blueprints where necessary, prepare two (2) binders for final product; coordinate with individual vendors selected for specific projects in order to submit preliminary layout for approval by Regional Office; and assist in preparing the final specifications for procurement. All written correspondence will be reviewed and approved by DOL/DAS prior to finalization.

(3) Prepare annual equipment budget for all Job Corps Center projects to be included and submitted as part of the Job corps annual budget package. The budget must be submitted to DOL/DAS for final review and approval.

Task 11 - ADP/LAN Support:

The contractor shall provide appropriate staffing to utilize and maintain the current data system. This system consists of the current data system utilizes two Compaq Proliant 2500 200 MHZ with 128 RAM, 256 cache, 29.IG SCSI hard drives and turbo data autoloader with magazine. It also consists of a Cisco Catalyst 5000 router, and a Cisco Catalyst 1900 router. Finally, as a part of the LAN, the offeror will be connected by dedicated T1 data communication lines to the National and Regional Offices of the ETA. Novell Netware 4.11 is the ETA standard network operating system. The successful offeror must demonstrate that the firm has the capability to utilize and maintain this data.

Typical reports maintained and generated by the system will be available in the reading room.

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

52.246-3 INSPECTION OF APR 1984

SUPPLIES--COST-REIMBURSEMENT

52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984

(SHORT FORM)

E.2 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT

(APR 1984)

(a) Definition. "Services," as used in this clause, includes services performed, workership, and material furnished or used in performing services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances or (2) terminate the contract for default.

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

ALTERNATE I (APR 1984)

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 LEVEL OF EFFORT

The level of effort for this solicitation is between 21 and 23 professional person years. The level of effort for each option period is equal to the base year plus inflation. The inflation rate will be determined by the Bureau of Labor Statistics.

F.4 REPORTS/DELIVERABLES

The contractor shall be responsible for submission of reports and deliverables as described in Section C 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 (ACH)), 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 C-5319

200 Constitution Avenue, NW

Washington, DC 20210

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 BUDGET LINE ITEM FLEXIBILITY

Flexibility of Direct Costs will be allowed within the Prime Contract Budget, provided no single line item of cost shall be increased or decreased in excess of 20 percent and provided further that the total estimated cost of the Contract is not exceeded. This flexibility of cost does not apply to the wages, salaries and fringe benefits line items (including proposed changes by the Contractor in the mixture, number of hours, wages, and/or bonus or personnel paid under the contract) wherein no increase is permitted without the prior review and approval by the Contracting Officer.

In contracts with OPTION TO EXTEND SERVICES provisions, this clause is applicable to each yearly negotiated budget line item amounts, and not the accumulated budget line item totals.

H.2 FRINGE BENEFITS

Social Security, Worker's Compensation, Unemployment Compensation and any other fringe benefits are a normal practice of the Contractor at the time of final negotiations for this contract and are available to all employees. Fringe benefits from an immediate previous employer which may be continued while employed under this contract are an allowable cost. In no event will duplicate fringe benefits be allowable to an individual under this contract.

H.3 VACATIONS, SICK-LEAVE HOLIDAYS

The Contractor may grant leave in accordance with its established written policy, provided that policy is accepted by the Contracting Officer or, in the absence of an established policy, leave may be granted as follows:

Vacation: Maximum 2 weeks (10 working days)

Sick Leave: Maximum 2 weeks (10 working days)

Holiday: Maximum of paid holidays

Leave shall be accrued at the rate of 5/6 of 1 day per month for each month employed. If the term of this contract is for more than or less than 1 year, the above leave shall be adjusted accordingly.

H.4 TRAVEL AND PER DIEM

Travel policies as set forth in the Travel Regulations referred to below are required of the Contractor and consultants hereunder. Where the Contractor has a more restrictive travel policy than the Federal Travel Regulations, the more restrictive requirements shall apply.

It is the responsibility of the Contractor to authorize only such per diem allowances as justified by the circumstances affecting the travel. Care should be exercised to prevent fixing per diem rates in excess of those required to meet the necessary authorized subsistence expenses. To this end, consideration should be given to factors which reduce the expenses of the employee such as: known arrangements at temporary duty locations where lodging and meals may be obtained without cost or at prices advantageous to the traveler; established cost experience in the localities where lodging and meals are required; situations where special rates for accommodations have been made available for a particular meeting or conference; the extent to which the traveler is familiar with establishments providing lodging and meals at a lower cost in certain localities, particularly, where repeated travel is involved; and the use of methods of travel where sleeping accommodations are provided as part of the transportation expenses.

All travel shall be at tourist, coach, or less than first class unless itinerary or unavailability dictate otherwise. All temporary duty and local area automobile travel shall be allowed as prescribed by the applicable Travel Regulations.

Copies of applicable Travel Regulations can be obtained as follows at a fee:

a. Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Stock No. 022-001-81003-7.

b. Joint Travel Regulations, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, the Commonwealth of Puerto Rico, and territories and possessions of the United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 908-010-00000-1.

c. Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in 1 and 2 above: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 744-008-00000-0.

H.5 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.6 UNEMPLOYMENT INSURANCE COST

Unemployment insurance costs shall be paid by the contractor as they are incurred.

However, in the event billings for Unemployment Insurance costs are received by the contractor after the expiration date of this contract and the billings cover the period that this contract was effective, the Government agrees to reimburse the contractor at the same rate that would have been applicable had the cost been paid as they were incurred.

H.7 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.8 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.9 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.10 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.11 SUBMISSION OF CORRESPONDENCE

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

H.12 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.13 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.14 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.15 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.16 FEDERAL REPORTS

In the event that it subsequently becomes a contractual requirement to collect or record information calling for answers to identical questions from 10 or more persons other than Federal employees, or for information from Federal employees which is to be used for statistical compilations of general public interest, the Paperwork Reduction Act of 1980 and 5 CRF 1320 shall apply to this contract. No plan, questionnaire, interview guide or similar device for collecting formation (whether repetitive or single-time) may be used without first obtaining clearance from the Office of Management and Budget (OMB).

The contractor shall obtain the required OMB clearance through the Project Officer before expending any funds or making public contracts for the collection of data. The authority to expend funds and to proceed with the collection of data shall be issued in writing by the Contracting Officer.

H.17 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.18 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.19 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.20 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.

A. 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).

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR

The Contractor shall be responsible for informing any grantee that they have been requested to collect information for the Department of Labor. The collection of such data shall be the responsibility of the Contractor solely. The Contractor may request assistance from ETA grantees in locating the data. However, the actual data gathering must be done by the Contractor.

H.22 PERFORMANCE STANDARDS

The composition, workership, 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.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING

In accordance with the cost principles incorporated in the Federal Acquisition Regulations (FAR) at 31.205-22, lobbying costs (direct or indirect) are unallowable under this agreement. The exclusion of lobbying costs using Department of Labor funds is not intended to penalize, discourage, or prevent lobbying activities by utilizing non-Federal funds.

H.24 PUBLICATION OF MATERIALS

The Contractor shall receive permission from the Contracting Officer prior to publishing any works performed under this contract. Further, the Contractor shall acknowledge the support of the Department of Labor whenever publicizing any work performed under this contract. To implement the foregoing, the Contractor shall include in any publication resulting from work performed under this contract, an acknowledgement substantially the same as follows:

"This project has been funded, either wholly or in part, with Federal funds from the Department of Labor, Employment and Training Administration under Contract Number the contents of this publication do not necessarily reflect the views or policies of the Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement of same by the U.S. Government."

H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE

(FAR 17.208(g))

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. If the Government exercises this option, the extended contract shall be considered to include this option provision.

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

       1                     $.00               $.00              $.00
       2                     $.00               $.00              $.00
       3                     $.00               $.00              $.00
       4                     $.00               $.00              $.00

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 pre-estimated 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.26 INDIRECT COSTS

In order to avoid major audit problems, disallowed costs, and to receive timely reimbursement of indirect costs, contractors should take those necessary steps to comply with this clause as well as the critical timeframes for submission of indirect cost proposals.

You are governed by one of the categories of cost principles listed below. Please comply with your cost principles as appropriate to your organization. (1) Federal Acquisition Regulation (FAR) Subparts 31 and 42 apply to private-for-profit contractors. (2) OMB Circular A-87 applies to state and local governments and Federally-recognized Indian Tribes. States receiving JTPA formula-allocated funds can elect to waive A-87 coverage. (3) OMB Circulars A-21, A-88 and FAR 42.705-3 apply to educational institutions. (4) OMB Circular A-122 applies to nonprofit institutions excluding those addressed in the preceding as well as hospitals.

The total amount of contract funds will not be increased to reimburse organizations for higher indirect cost rates than those rates identified in this clause. Also, the contractor must obtain approval from the Contracting Officer to transfer funds from other budget line items to the indirect cost budget line items to accommodate higher indirect cost rates.

The foregoing does not relieve the contractor of any other administrative cost limitations regarding the contract.

Billing rates are only temporary for the 90 days period from the effective date of your contract. Failure to submit an acceptable indirect cost proposal to your cognizant agency for provisional rates within the aforementioned 90-day period means that you shall not receive any further reimbursement of your indirect billing rates until the provisional rate proposal is received. Also, action may be taken to recoup all indirect costs already paid to you.

A private-for-profit contractor is to submit an acceptable indirect cost proposal for final rates to its cognizant agency within 90 days after the end of its fiscal year. All other contractors must submit their final rate proposals within 6 months after the end of their fiscal year.

Block 1 or 2 is completed below as appropriate for affected new contracts or modifications.

BLOCK 1

Rate category: (check one) Your

Billing Overhead

Provisional Base:

Final (And, if applicable)

See Attached Agreement General and Admin.

Other (Explain) Base:

Effective from to or if multi-year, please explain here:

BLOCK 2

(For special indirect cost ceilings)

Special percent ceiling is % for (usually overhead) and if applicable, % for General and Administrative. Base:

OR

Special dollar ceiling is $ for (usually overhead) and if applicable, $ for General and Administrative. Base:

Effective from to or if multi-year, please explain here:

If applicable for ceilings, please describe here any situation whereby the bases in Block 2 above differ from the bases in Block 1 above. Also, the maximum reimbursement for indirect costs under this contract will be based on the lower of the negotiated rates or ceilings.

If the Department of Labor (DOL) is your cognizant agency, proposals for indirect cost rates and supporting data and documentation should be sent to the DCD Negotiator in the appropriate DOL Regional Office or if applicable, to the DCD National Office whose address and phone number is listed below. In addition, if you do not know your cognizant Federal agency, please call the phone number listed below:

Director, Division of Cost Determination (DCD)

U.S. Department of Labor, OASAM

200 Constitution Avenue, N.W., Room S-5520

Washington, D.C. 20210

Tel. (202) 219-8391

(End of Clause)

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 OCT 1995

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 PRINTING/COPYING DOUBLE-SIDED ON JUN 1996

RECYCLED PAPER

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997

FORMAT

52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997

PRICING DATA

52.215-12 SUBCONTRACTOR COST OR PRICING DATA OCT 1997

52.215-14 INTEGRITY OF UNIT PRICES OCT 1997

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS DEC 1998

(DEC 1998)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR OCT 1997

POSTRETIREMENT BENEFITS OTHER THAN

PENSIONS (PRB)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997

52.216-7 ALLOWABLE COST AND PAYMENT APR 1998

52.216-8 FIXED-FEE MAR 1997

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE JAN 1999

FOR HUBZONE SMALL BUSINESS CONCERNS

(JAN 1999)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 1999

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997

DISPUTES

52.222-3 CONVICT LABOR AUG 1996

52.222-26 EQUAL OPPORTUNITY FEB 1999

52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998

AND VETERANS OF THE VIETNAM ERA

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999

AND VETERANS OF THE VIETNAM ERA

52.223-2 CLEAN AIR AND WATER APR 1984

52.223-6 DRUG-FREE WORKPLACE JAN 1997

52.225-11 RESTRICTIONS ON CERTAIN FOREIGN AUG 1998

PURCHASES

52.227-1 AUTHORIZATION AND CONSENT JUL 1995

ALTERNATE I (APR 1984)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996

AND COPYRIGHT INFRINGEMENT

52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997

CONTRACTOR (SHORT FORM)

52.227-14 RIGHTS IN DATA--GENERAL JUN 1987

52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996

52.232-17 INTEREST JUN 1996

52.232-20 LIMITATION OF COST APR 1984

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999

CONTRACTOR REGISTRATION

52.233-1 DISPUTES MAR 1994

ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD AUG 1996

ALTERNATE I (JUN 1985)

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984

52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995

52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997

52.242-13 BANKRUPTCY JUL 1995

52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987

ALTERNATE V (APR 1984)

52.244-2 SUBCONTRACTS AUG 1998

ALTERNATE II (AUG 1998)

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

52.246-23 LIMITATION OF LIABILITY FEB 1997

52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997

52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996

52.249-14 EXCUSABLE DELAYS APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(NOV 1999)

(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 60 days 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 provision.

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

I.4 52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the Department of Labor the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the Department of Labor Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Department of Labor.

I.5 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE

8(a) CONCERNS (JUN 1999)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer -

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States. The term "United States" includes its territories and possessions, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and the District of Columbia. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This subparagraph does not apply in connection with construction or service contracts.

(2) The will notify the Department of Labor Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

I.6 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 7th (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 30th 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.7 52.243-7 NOTIFICATION OF CHANGES (APR 1984)

(a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer. "Specificially Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either--

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments. (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made--

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above.

I.8 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 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (9 PAGES)

J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES)

J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES)

J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE)

J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2

(1 PAGE)

J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,

OMB 1293-0005 (3 PAGES)

J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES)

J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES)

J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES)

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 52.204-3 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.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS

(MAR 1996)

(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 3-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.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:

------------------------------------------------------------------------
 Place of performance (street      | Name and address of owner and
 (street address, city, state,     | operator of the plant or facility
  county, code)                    | if other than offeror or respondent
------------------------------------------------------------------------
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________

------------------------------------------------------------------------

K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS

(MAY 1999)

(a)(1) The standard industrial classification (SIC) code for this acquisition is 8741.

(2) The small business size standard is 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.

(c) Definitions.

"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.

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

(1) Which 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, 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.6 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.7 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.8 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)

The Offeror certifies that--

(a) Any facility to be used in the performance of this proposed contract is [ ], is not [ ] listed on the Environmental Protection Agency (EPA) List of Violating Facilities;

(b) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the EPA, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the (EPA) List of Violating Facilities; and

(c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.

K.9 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND

RESTRICTED COMPUTER SOFTWARE (MAY 1999)

(a) This solicitation sets forth the work to be performed if a contract award results, and the Government's known delivery requirements for data (as defined in FAR 27.401). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16 of the FAR, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data--General clause at 52.227-14 that is to be included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data in lieu thereof. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor's facility.

(b) As an aid in determining the Government's need to include Alternate II or Alternate III in the clause at 52.227-14, Rights in Data--General, the offeror shall complete paragraph (c) of this provision to either state that none of the data qualify as limited rights data or restricted computer software, or identify, to the extent feasible, which of the data qualifies as limited rights data or restricted computer software. Any identification of limited rights data or restricted computer software in the offeror's response is not determinative of the status of such data should a contract be awarded to the offeror.

(c) The offeror has reviewed the requirements for the delivery of data or software and states [offeror check appropriate block]--

[ ] None of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software.

[ ] Data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Note: "Limited rights data" and "Restricted computer software" are defined in the contract clause entitled "Rights in Data--General."

K.10 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

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE NOV 1999

ACQUISITION

ALTERNATE I (OCT 1997)

52.215-16 FACILITIES CAPITAL COST OF MONEY OCT 1997

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999

COMPLIANCE EVALUATION

L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

(APR 1998)

(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.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.3 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost orpricing data, offerors may submit a written request for exception by submittingthe information described in the following subparagraphs. The ContractingOfficer may require additional supporting information, but only to the extentnecessary to determine whether an exception should be granted, and whether theprice is fair and reasonable.

(i) Identification of the law or regulation establishing the priceoffered. If the price is controlled under law by periodic rulings, reviews, orsimilar actions of a governmental body, attach a copy of the controllingdocument, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, theofferor shall submit, at a minimum, information on prices at which the same itemor similar items have previously been sold in the commercial market that isadequate for evaluating the reasonableness of the price for this acquisition.Such information may include--

(A) For catalog items, a copy of or identification of the catalog andits date, or the appropriate pages for the offered items, or a statement thatthe catalog is on file in the buying office to which the proposal is beingsubmitted. Provide a copy or describe current discount policies and price lists(published or unpublished), e.g., wholesale, original equipment manufacturer, orreseller. Also explain the basis of each offered price and its relationship tothe established catalog price, including how the proposed price relates to theprice of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the marketquotation or other basis for market price, the base amount, and applicablediscounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service MultipleAward Schedule contract, proof that an exception has been granted for theschedule item.

(2) The offeror grants the Contracting Officer or an authorizedrepresentative the right to examine, at any time before award, books, records,documents, or other directly pertinent records to verify any request for anexception under this provision, and the reasonableness of price. For itemspriced using catalog or market prices, or law or regulation, access does notextend to cost or profit information or other data relevant solely to theofferor's determination of the prices to be offered in the catalog ormarketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted anexception from the requirement to submit cost or pricing data, the followingapplies:

(1) The offeror shall prepare and submit cost or pricing data and supportingattachments in accordance with Table 15-2 of FAR 15.408.

(2) As soon as practicable after agreement on price, but before contractaward (except for unpriced actions such as letter contracts), the offeror shallsubmit a Certificate of Current Cost or Pricing Data, as prescribed by FAR15.406-2.

L.4 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a CPFF contract resulting from this solicitation.

L.5 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

Hand-Carried Address:

U.S. Department of Labor, ETA/OGCM
Division of Contracting Services
200 Constitution Avenue, NW
Room C-4310
Washington DC 20210

Mailing Address:

U.S. Department of Labor, ETA/OGCM
Division of Contrcacting Services
200 Constitution Avenue, NW
Room C-4310
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.6 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):

www.arnet.gov/far/

L.7 PAST PERFORMANCE

Offerors shall submit the following information as part of their proposal for both the offeror and proposed major subcontractors:

A. A list of all "relevant" contracts and subcontracts completed during the past three (3) years and all contracts and subcontracts currently in process. The reference should be on project/work similar in nature. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and commercial customers. Offerors that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all key personnel. Include the following information for each contract and subcontract:

1. Name of contracting activity
2. contract number
3. Contract type
4. total contract value
5. contract work
6. contracting officer and telephone
7. program manager and telephone
8. administrative contracting officer, if different from #6 and telephone number
9. list of major subcontractors

B. The offeror may provide information on problems encountered on the contract and subcontracts identified in A above and corrective actions taken to resolve those problems. Offerors should not provide general information of their performance on the identified contracts. General performance information will be obtained from the references.

C. The offeror may describe any quality of awards or certifications that indicate the offeror possess a high quality process for developing and producing the product or service required. Identify what segment of the company (one division or the entire company) that received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply.

D. Each offeror will be evaluated on his/her performance under existing and prior contracts for similar products or services. Performance information will be used for both responsibility determinations and as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the Government. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The contractor's reference questionnaire form identified in Section J.8 will be used to collect this information. References other than those identified by the offeror may be contacted by the Government with the information received used in the evaluation of the offeror's past performance. The Government also reserves the right to decide not to contact all of the references provided by the offeror. Names of individuals providing reference information about an offeror's past performance shall not be disclosed.

L.8 ORAL PRESENTATION SECTION

After the receipt of offers (proposals) by the Government, every eligible offeror must make an oral presentation to the Government's evaluation panel and participate in a question and answer session. The sole purpose of the oral presentation and question and answer session is to test an offeror's understanding of the work that the Government will require under the prospective contract.

The oral presentation and the question and answer session are not part of the offer and are not themselves offers. The oral presentation and the question and answer session will not constitute discussions, as defined by FAR Part 15, and will not obligate the Government to determine a competitive range, conduct discussions, or solicit to entertain revised or final offers.

Statements made by the offeror during the oral presentation or the question and answer session will not become a part of any contract resulting from this RFP, unless the Government and the offeror agree to make it part of an offer during discussions. If the Government decides to conduct discussions the Government will not solicit or entertain revisions to the oral presentations or to the answers given during the question and answer session.

1. Schedule for presentation: Oral presentations will commence approximately three weeks after the receipt of proposals. The Contract Specialist will notify offerors of the scheduled date and time of their presentation within two weeks of the receipt of offerors. The order in which offerors will make presentations will be determined by drawing lots by the Contract Specialist. Once notified of their scheduled presentation date and time, offerors shall complete their presentations on the scheduled date and time. Requests from offerors to reschedule their presentations will be entertained only in emergency situations. The Government reserves the right to reschedule an offeror's oral presentation at the discretion of the Contract Specialist.

2. Form of presentation: Offerors will make their oral presentations in person, at the Department of Labor/ETA, 200 Constitution Ave., NW, Washington, D.C., to the Technical Evaluation Panel, Contract Specialist, and other representatives of the Government. Submission of videotapes or other forms of media containing the presentation for evaluation are not authorized.

3. Time allowed for presentation: Offerors shall receive transparencies one half hour prior to the presentation to caucus and prepare for the actual presentation. Oral presentations, excluding the question and answer session, will be limited to 90 minutes. The Contract Specialist will strictly enforce this time limit. Following the oral presentation there will be a recess of 1 hour. After the recess there will be a one hour question and answer session.

4. Offeror's presentation team: A maximum of five contractor personnel (prime and subcontractor) may participate. These individuals/presenters will attend the oral presentation and the question and answer session and shall answer questions directed to them. The presentation shall be made by one or more of the personnel whom the offeror will employ to manage or supervise contract performance on a full time basis. The Project Manager who will have full time operational responsibility for contract performance shall be present and shall, at a minimum, answer questions directed to him/her during the question and answer session.

Offerors may not use company senior or general managers or consultants to make any part of the oral presentation. In addition to the maximum of five individuals who will participate, the offeror may send two non-participating representatives to observe. Hence a total of seven contractor personnel will be permitted to attend (only five may participate) the presentation. No other officers, employees, consultants, agents, or other representatives of the offeror may attend.

5. Content of presentation: The presentation shall not encompass price or cost and fee. During the 90 minute oral presentation, the offeror's presenters must demonstrate the offeror's understanding of the work that will be required under the prospective contract by addressing the following topics, in the following order, in accordance with the following instructions:

(a) Introduction: The offeror should provide some information about itself as a firm, briefly describing its organization, history, products and services. (10 minutes)

(b) Work Breakdown: Present an analysis of the statement of work. Subdivide statement of work tasks [identify selected tasks] into their constituent activities. Briefly describe each activity and its inputs and outputs. Briefly describe interrelationships and interdependencies among the activities. (20 minutes)

(c) Contract Work Schedule: Present a Gantt chart that illustrates the contract work schedule by [week, month, quarter, or year]. Show the starting date and ending date of each activity identified in the work breakdown analysis. Describe the interrelationships and interdependencies among the tasks. (10 minutes)

(d) Contract Resource Allocations: Describe the types of professional, administrative, clerical and other labor that will be required to perform the contract work. Briefly describe each classification of professional and blue collar labor, including position title(s) and grades, journey-person level qualification requirements, typical journey-person level duties and responsibilities. Describe the total number of hours of each of these professional and blue collar labor classifications that will be allocated to each of the activities identified in the work breakdown analysis from start to finish. Also identify the types and hours of administrative and clerical labor that will be required for each activity. (10 minutes)

(e) Performance Risk Analysis: Identify contingent events that could, if they were to occur, endanger satisfactory performance. Focus on critical events that are realistically likely to occur and that would pose serious problems. (Do not try to identify every event that could cause some minor difficulty.) Briefly describe the nature of each such event, each work activity with which it is associated, the estimated likelihood of its occurrence, its likely effect on performance if it were to occur, its likely causes, and plans to prevent its occurrence and to respond in the event that it does occur. (20 minutes)

(f) Responsibility Assignments: Identify the components of the offeror's organization that will have primary support responsibility for the performance of each of the activities identified in the work breakdown analysis. Include affiliates, subsidiaries, and subcontractors. Also, identify the individual managers of each such organization. Briefly describe the qualifications of each such organizational component and person, including education and training and especially their experience doing such work. (10 minutes)

(g) Conclusion: The offeror should summarize the main points of its presentation and state why the Government should select the offeror for contract award. (10 minutes)

An offeror may address any other topic, as well, within the 90 minute limit. The Contract Specialist will strictly enforce the 90 minute time limit.

6. Clarification of oral presentation points: After completion of the oral presentation, the Government may request clarification of any points addressed which are unclear and may ask for elaboration by the offeror on any point which was not supported. Any such interchange between the offeror and the Government will be for clarification only, and will not constitute discussions within the meaning of FAR Part 15. The time required for clarification will not be counted against the offeror's presentation time limit.

7. Government Personnel:

Contract Specialist and/or Contracting Officer.

Federal Staff to assist in the administration of the presentations.

The Technical Evaluation Panel consisting of (3) individuals with expertise in employment and training programs administered by the Department of Labor/ETA.

8. Documentation: The Government will provide blank flip chart paper for the offeror to use during the presentation caucus time period. An overhead slide projector will be provided by the Government for offeror use during the presentation. At the close of the presentation, the offeror shall provide the Technical Evaluation with a listing of the names, firms, and position titles of all presenters, along with all flip charts and/or overhead slides used during the presentation. The Government will not accept for evaluation any additional documentation which may or may not have been referenced during the presentation.

Each offeror shall use black and white overhead transparencies (slides) to document key points of its presentation. The Government will provide one overhead projector, one flip-chart pad, and marker pens for the offeror's use during the oral presentation. The offeror may not use or submit any other media documents. "The offeror shall submit its set of overhead transparencies and five (5) paper copies to the Government in a sealed package with its offer" (see L.9). Failure to submit the overhead transparencies and paper copies by the date established for receipt of offers will cause the offer to be rejected as non-responsive.

Thirty (30) minutes before the presentation, the Contract Specialist will give the transparencies to the offeror for its use during the presentation. The overhead transparencies must be 8.5 by 11 inches. The legibility and clarity of the transparencies is the responsibility of the offeror. The transparencies submitted will be considered the offeror's technical proposal. If there is a discrepancy between any of the transparencies and what is verbally stated during the presentation, the information that appears on the transparency will take precedence over what the presenters say.

There is no limit to the number of overhead transparencies that an offeror may use during its presentation. However, when evaluating the offeror's presentation, the Government will consider only the information on the transparencies that were actually projected during the presentation. The production and use of an excessive number of slides may be detrimental to an offeror's interests. The presentations will be audio taped by the Government.

Offerors should mark slides in accordance with FAR 52.215-1 (e), Restrictions on Disclosure and Use of Data, as appropriate.

L.9 SUBMISSION OF PROPOSAL

(A) - General Instructions:

Each offeror must submit an offer (proposal) and other written information and make an oral presentation in strict accordance with these instructions. When evaluating an offeror, the Government will consider how well the offeror complied with the letter and spirit of these instructions. The Government will consider any failure on the part of an offeror to comply with both the letter and spirit of these instructions to be an indication of the type of conduct it can expect during contract performance. Therefore, the Government encourages offerors to contact the Contracting Officer by telephone, facsimile transmission, e-mail, or mail in order to request an explanation of any part of these instructions.

Your proposal must be submitted in three (3) separate and distinct parts as outlined below, consisting of the number of stated copies and accompanied by the required supportive materials to insure that the proposal will be considered responsible to the Request for Proposals.

Part 1 - Original and two (2) signed copies of completed Standard Form 33, Solicitation, Offer and Award, Original and two (2) signed copies of Section K, the Representations, Certifications and other Statements of Offerors and all attachments thereto except those items required in Part 2 and 3 will be submitted as outlined in their respective parts.

Legible copies are acceptable. (All copies shall be ink-signed.)

Part 2 - In accordance with Section L.8, the offeror shall submit, as part of their offer the following:

(1) A set of overhead transparencies and five (5) paper copies in a sealed package. These transparencies shall be considered in effect, the offeror's technical proposal and shall form the basis of the offeror's Oral Presentation. PLEASE NOTE: The sealed package containing the transparencies will not be opened until the scheduled date for an offeror's presentation, in the presence of the Contract Specialist and a representative of the offeror. Both the transparencies and the Oral Presentation will be used to evaluate the offeror's Technical Approach. (See Section M.3(A);

(2) Offerors shall submit an original and three copies of the "Resumes of Key Personnel" (See Section M.3(B);

(3) Offerors shall submit three copies of relevant past performance information (See Section L.7 and M.3(C); and

(4) Offerors shall submit an original and three copies of the Contractor's Experience with Related Work (See Section M.3(D).

The Technical Proposal shall not make reference to cost or price data so that an independent technical evaluation may be made on the basis of technical merit alone. Failure to comply with this requirement will result in a determination of nonresponsiveness. Proposals specifying less than one hundred twenty (120) days Government Acceptance may be considered not acceptable. Any exceptions taken by a proposer to any provisions of this Request for Proposals or any condition placed upon a proposal may result in a finding of not acceptable. Only one proposal may be submitted by each respondent.

Part 3 - A detailed Business Management Proposal as further outlined in the below instructions and consisting of:

(a) Three (3) copies of Attachment J.2 - Cost and Price Analysis, ETA 8555 (Mar. 1981)

(b) One (1) copy of Attachment J.3 - Statement of Financial Capability, ETA 8554 (Mar. 1981)

(c) "One (1) each Accounting System Certification which is a statement certifying that the offeror has an established accounting system with internal controls adequate to safeguard their assets, insure that funds are accounted for by cost categories, check the accuracy and reliability of the accounting data, promote operating efficiency and permit compliance with Government requirements and accounting procedures with respect to Cost Reimbursement types of contracts. The statement shall be executed by a certified public accountant (CPA), licensed public accountant, a bona-fide accounting or audit organization such as Defense Contract Audit Agency (DCAA) or an entity of equivalent status acceptable to the Government." Failure to include the above stated supportive materials with your proposal will be a basis for determination of not being acceptable.

NOTE: Part 1, 2, and 3 should be sealed in separate envelopes and included in one master package. The RFP number and related Part numbers outlined above, if applicable, must be shown in the upper left hand corner of each of the envelopes as well as the master package.

The Government warns offerors that taking exception to any term or condition of the RFP (including submitting any alternative proposal that requires a relaxation of a requirement), will make an offer unacceptable, and the offeror ineligible for award, unless the RFP expressly authorizes such an exception with regard to that specific term or condition. The Government will consider any exception to a term or condition of the RFP that is not expressly authorized by the RFP to be a deficiency, as defined in FAR Part 15.

An offeror may eliminate a deficiency in its offer only through discussions, as defined and prescribed in FAR Part 15. However, the Government intends to award a contract without discussions, as authorized by FAR Part 15. Therefore, any offeror planning to take exception to a term or condition of the RFP should consult with the Contracting Officer prior to submitting and offer, unless the RFP expressly authorizes such an exception.

Not withstanding its plan to award without discussions, the Government reserves the right to conduct discussions with offers in a competitive range, if necessary, and to permit such offerors to revise their proposals. The government also reserves the right to change any terms and conditions of their RFP by amendment at any time prior to contract award and to allow offerors to revise their offers accordingly, as authorized by FAR Part 15.

The offeror shall complete and submit all certifications included in or attached to this Request for Proposal.

The Cost Analysis (Attachment J.2) and Financial Capability Forms (Attachment J.3) support information shall be augmented as follows:

Offerors are required to submit cost proposals fully supported by cost and pricing data adequate to establish the reasonableness of the proposed costs.

1. Most current published annual balance sheet and profit or loss statement.

2. The offeror shall furnish a total cost breakdown utilizing the enclosed cost and price analysis form.

(a) Include the backup data to support the type of labor and estimated numbers of hours within each category.

(b) Include a breakdown of the amount estimated for travel including destination, duration, purpose and cost (per diem and transportation).

(c) Include backup data to support the estimated amount of material and subcontracting (if applicable) including description of materials to be procured, basis for proposed subcontract, type of subcontract and amounts proposed.

3. List the names and addresses of any subcontractor* the offeror intends to use in the performance of a resulting contract. Include the following information about the subcontract(s).

(a) How subcontractor was selected?

(b) Has the subcontractor submitted a cost proposal?

(c) Will he be able to start performance at the start of the contract period?

(d) What is the total cost of (each) subcontract?

(e) What services (skills) will the subcontract provide?

(f) What experience do they have in this technical area?

*Also provide the above information for consultants you intend to use in the performance of a resulting contract.

L.10 REQUEST FOR CLARIFICATION (RFC)

All requests for RFP clarification are due by 5:00 PM Local Time February 4, 2000.

Only electronic submission of requests will be accepted. They shall be submitted to Ms. Chari A. Magruder at http://www.cmagruder@doleta.gov.

Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, in the Government's opinion, the RFC cites an issue of significant importance, the government may provide written responses to all offerors.

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 provided to all offerors at the DOLETA Internet site (HTTP://WWW.DOLETA.GOV).

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

52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984

M.2 BASIS FOR AWARD (BEST VALUE)

The Government intends to evaluate proposals using a two-step methodology. The first step will involve the evaluation of the offeror's INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS, PAST PERFORMANCE, AND CONTRACTOR'S EXPERIENCE WITH RELATED WORK (evaluation factors B, C, and D listed below). Based on these evaluations, a Competitive Range (FAR Part 15) consisting of the most highly rated proposals will be established.

The second step will involve evaluation of an ORAL PRESENTATION presented by each of the offerors within the Competitive Range. Evaluation of oral presentations will consist of the offeror's TECHNICAL APPROACH (evaluation factor A listed below). Therefore, each offer should contain the best terms from a cost or price and technical standpoint

A cost realism analysis will be performed for all offerors included in the "competitive range." Contract award will be based on the combined evaluations of Technical Approach, Individual Staff Experience and Qualifications, Past Performance, Contractor's Experience With Related Work, and Cost. The contract resulting from this solicitation will be awarded to the responsible offeror whose offer, conforming to the solicitation, is determined to provide the "best value" to the Government, which may not necessarily be the proposals offering the lowest cost nor receiving the highest technical score. It should be noted that cost is not a numerically weighted factor. Although non-cost factors are significantly more important than cost, cost is an important factor and should be considered when preparing responsive offers (proposals). The importance of cost as an evaluation factor will increase with the degree of equality of the proposals in relation to the remaining evaluation factors.

When the offerors within the competitive range are considered essentially equal in terms of technical, past performance and other no-cost factors (if any), or when cost is so significantly high as to diminish the value of the technical superiority to the Government, cost may become the determining factor for award. In summary, cost/no-cost trade offs will be made, and the extent to which one may be sacrificed for the other if governed only by the tests of rationality and consistency with the established factors.

Prospective contractors are advised that the selection of a contractor for contract award is to be made, after a careful evaluation of the offers (proposals) received, by a panel of specialists chosen by DOL/ETA. Each panelist will evaluate the proposals for technical acceptability using a range of scores assigned to each factor. The factors are presented in the order of emphasis that they will receive (i.e., Factor A has the greatest weight, Factor B the second greatest weight, etc.). The scores will then be averaged to select a contractor for award on the basis of their proposal being the most advantageous to the Government, price and other factors considered.

M.3 EVALUATION CRITERIA

A. TECHNICAL APPROACH (35 points)

The Government will evaluate each offeror's technical approach on the basis of its oral presentation and the responses it gives during the question and answer session that will follow the oral presentation. In making this evaluation, the government will consider an offeror's: (1) knowledge of the content of the work in terms of constituent activities, their inputs and outputs, and their interrelationships and interdependencies; (2) recognition of the appropriate sequence and realistic duration of the work activities; (3) knowledge of the appropriate types of resources required to perform the work activities; (4) familiarity with the difficulties, uncertainties, and risks associated with the work; and knowledge of the personnel and subcontractor qualifications necessary to the performance of the work.

B. INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS (25 points)

This section of the proposal shall include sufficient information for judging the quality and competence of staff proposed to be assigned to the project to assure that they meet the required qualifications. Successful performance of the proposed work depends heavily on the qualifications of the individuals committed to this project, and the adequacy of the time commitment for each individual in relation to the specific tasks that they will perform. Accordingly, the Government, in its evaluation of the contractor's proposal, will place considerable emphasis on the contractor's commitment of personnel qualified for the work involved in accomplishing the assigned tasks.

This section of the proposal shall provide the current employment status of personnel proposed for work under this RFP--i.e., whether these personnel are currently employed by the contractor or are dependent upon planned recruitment or subcontracting. Where subcontractors or outside assistance are proposed, organizational control shall be clearly delineated so as to demonstrate and ensure responsiveness to the needs of the Government.

The following information shall also be furnished:

1. The proposed Project Director;

2. The proposed project organization;

3. The time commitment of all personnel assigned to the project (the number of hours per month that each individual will devote to the project over its life), as well as "Letters of Intent" for each key personnel;

4. A resume for each key personnel to be assigned to the project. At a minimum, each resume shall include:

(a) The individual's current employment status and previous work experience, including position title, dates in position, duties performed, and employing organization. Duties shall be clearly defined in terms of the role performed, i.e., management, team leader, consultant. Also, indicate whether each individual is currently employed by the contractor, and (if so) for how long.

(b) A statement of the work that the individual has completed or which is currently underway for work that is relevant to the proposed work on the demonstration project.

(c) The individual's educational background;

(d) The position to which the individual would be assigned for the project and the type of work that they would perform in that capacity.

Please be advised that offerors shall be evaluated under this factor based on the following:

(i) The experience and qualifications of the proposed Project Manager and the amount of time committed to the project. The Project Manager should have a minimum of 5 years experience in related work and a Bachelor's Degree in one of the following fields: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing or organization and management;

(ii) The experience and qualifications of all key personnel. Key Personnel should have a minimum of three years experience in related work and a least 24 semester hours or equivalent in any combination of the following fields: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing or organization and management;

(iii) The time commitment of all personnel assigned to the project (the number of hours per month that each individual will devote to the project over its life), as well as "Letters of Intent" for each key personnel. All professional staff must devote 100% of their time to the project.

(iv) A resume for each key personnel to be assigned to the project. At a minimum, each resume shall include:

(a) The individual's current employment status and previous work experience, including position title, dates in position, duties performed, and employing organization. Duties shall be clearly defined in terms of the role performed, i.e., management, team leader, consultant. Also, indicate whether each individual is currently employed by the contractor, and (if so) for how long.

(b) A statement of the work that the individual has completed or which is currently underway for work that is relevant to the proposed work.

(c) The individual's educational background;

(d) The position to which the individual would be assigned for the project and the type of work that they would perform in that capacity; and

(v) Staffing charts listing names, qualifications, and experience of key staff (including outside consultants), staff time/time loading charts showing the amount of time each staff person will devote to each task and sub-task, and an indication of how staff will be allocated to perform all necessary field work during the project.

C. CONTRACTOR'S PAST PERFORMANCE (25 Points)

This criterion shall represent up to 25% of the total score of the proposal. Award may be made from the initial offers without discussions. However, if discussions are held offerors will be provided the opportunity to address unfavorable reports of past performance, if the offeror has not had a previous opportunity to review the rating. Past Performance shall include evaluating offerors with no relevant performance history, and shall provide offerors an opportunity to identify past or current contracts (Federal, State, and local government and private) for efforts similar to the Government requirement.

Offerors shall provide information on problems encountered on the identified contracts and the offeror's corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror's past performance. The Contracting Officer shall determine the relevance of similar past performance information. Offers shall submit past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Offerors without relevant past performance history or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. In this instance the offeror would receive a neutral score.

D. CONTRACTOR'S EXPERIENCE WITH RELATED WORK (15 points)

This section of the proposal shall identify and describe the previous experience and effectiveness of the contractor in similar or related work completed during the past five (5) years on all contracts and subcontracts to demonstrate the contractor's current capacity to provide the services offered; the contractor's management plan for the project; and the strength of the contractor's support for this project.

Contractors shall discuss the relationship of their firm's previous experience to the work proposed under this contract. The following information shall be included:

1. The identity of the principal clients served in performing similar or related work; the general nature and scope of that work; and the results achieved. The contractor shall include a representative synopsis listing previous projects relevant to this RFP. Each project synopsis shall include:

(a) The organization for whom the work was done;

(b) A contact person in that organization with their current phone number;

(c) The dollar value of the contract for the project;

(d) The time frame and professional effort involved in the project;

(e) The Project Manager and other key personnel assigned to the project; and

(f) A brief summary of the work performed by the contractor on the project, significant accomplishments, any problems encountered, corrective actions taken, and the outcome.

Please be advised that offerors shall be evaluated under this factor based on similar or related work completed during the past five (5) years on all contracts and subcontracts; the contractor's management plan for the projects; and the strength of the contractor's support for the projects.

COST REALISM

Cost Realism will be performed as part of the proposal evaluation process. The purpose of this evaluation shall be to: (a) verify the offeror's understanding of the requirement; (b) assess the degree to which the cost/price proposal reflects the approaches and/or risk assessments made in the technical proposal as well as the risk that the offeror will provide the services for the offered prices/cost; and (c) assess the degree to which the cost reflected in the cost/price proposal accurately represents the work effort included in the technical offer (proposal).

DETERMINING BEST OVERALL VALUE

In order to determine which offeror represents the best overall value, the Contracting Officer will make a series of paired comparisons among only those offerors that submitted acceptable offers (proposals). If, in any paired comparison, the offeror with the higher expected value also has the lower price, then the Contracting Officer will consider that offeror to represent the better overall value. If the offeror with the higher expected value has the higher price, then the Contracting Officer will decide whether the difference in expected value is worth the difference in price. If the Contracting Officer decides that it is, then they will consider the offeror with the higher expected value and the higher price to represent the better overall value. If not, then the Contracting Officer will consider the offeror(s) with the lower expected value and the lower price to represent the better value. The Contracting Officer will continue to make paired comparisons in this way until he has identified the best overall value.

Pursuant to FAR Subpart 52.215-1 Instructions to Offerors - Competitive Acquisition, the Contracting Officer reserves the right to award without discussion to the source(s) whose offer is the most advantageous to the Government, price and other factors considered.