Technical and Management Assistant Services





[ 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 a proposal/bid intent form . See Section L (Section C if SF 1449 is used) for proposal/bid instructions . ALL AMENDMENTS TO THIS SOLICITATION WILL BE MADE AVAILABLE THROUGH GOVERNMENT HOMEPAGE AT http://www.doleta.gov/sga/rfp.cfm . IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION.





Solicitation Number  RFP-DCS-00-36
Issue Date:  July 14, 2000
Due Date:  08/15/2000
Time:  2:00 p.m.
Program Office:  OJC
Contracting Officer:  Keith A. Bond
Contract Point:
Phone:
Fax:
E-Mail:
 Chari A. Magruder
 202-219-8698, ext. 113
 202-219-1326
  cmagruder@doleta.gov
Set Aside:  






PERTINENT SECTIONS OF SOLICITATION





Offerors are encouraged to read the entire Solicitation by scrolling downward. The Solicitation includes all pertinent sections imbedded in the document as well as the terms, conditions and instructions 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):


















Back to Table of Contents

SOLICITATION, OFFER AND AWARD

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

PAGE OF PAGES

 1|  83
2. CONTRACT NUMBER
 
3. SOLICITATION NUMBER
 RFP-DCS-00-36
4. TYPE OF SOLICITATION
 
SEALED BID (IFB)
 X
NEGOTIATED (RFP)
5. DATE ISSUED
 July 14, 2000
6. REQUISITION/PURCHASE NUMBER
 PAR 00-1125
 cam
7. ISSUED BY    CODE
 
 U.S. Department of Labor, ETA/OGCM
 Division of Contract 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   See L.6 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   08/15/2000 (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@doleta.gov
AREA CODE|

NUMBER

|

EXT.

 202-219-8698, ext. 113

11. TABLE OF CONTENTS   See Attached Table of Contents

(X)SEC.DESCRIPTIONPAGE(S)(X)SEC.DESCRIPTIONPAGE(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.DATEAMENDMENT 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 BYCODE
 
 
 
 
 
     
26. NAME OF CONTRACTING OFFICER (Type or print)
 
 
27. UNITED STATES OF AMERICA

 

(Signature of Contracting Officer)

28. AWARD DATE
 
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized written notice.

STANDARD FORM 33   (REV. 9-97)  

Back to Table of Contents TABLE OF CONTENTS PAGE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS . . . . . . . . . . . . B-1 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK . . . . . . . . C-1 C.1 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1 C.2 PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-2 C.3 OBJECTIVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . C-2 C.4 SCOPE OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . C-2 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . D-1 [For this Solicitation, there are NO clauses in this Section] . . . . D-1 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . E-1 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . E-1 52.246-5 INSPECTION OF APR 1984. . E-1 SERVICES--COST-REIMBURSEMENT SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . F-1 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . F-1 52.242-15 STOP-WORK ORDER AUG 1989. . F-1 ALTERNATE I (APR 1984) F.2 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . F-1 F.3 LEVEL OF EFFORT . . . . . . . . . . . . . . . . . . . . . . . . F-1 F.4 REPORTS/DELIVERABLES. . . . . . . . . . . . . . . . . . . . . F-2 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . G-1 G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S . . . . . . G-1 REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE) G.2 INVOICE REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . G-1 G.3 METHOD OF PAYMENT . . . . . . . . . . . . . . . . . . . . . . . G-3 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . H-1 H.1 BUDGET LINE ITEM FLEXIBILITY. . . . . . . . . . . . . . . . . . H-1 H.2 FRINGE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . H-1 H.3 VACATIONS, SICK-LEAVE HOLIDAYS. . . . . . . . . . . . . . . . . H-1 H.4 TRAVEL AND PER DIEM . . . . . . . . . . . . . . . . . . . . . . H-2 H.5 USE OF AND PAYMENT TO CONSULTANTS . . . . . . . . . . . . . . . H-3 H.6 UNEMPLOYMENT INSURANCE COST . . . . . . . . . . . . . . . . . . H-3 H.7 ACCOUNTING AND AUDITING SERVICES. . . . . . . . . . . . . . . . H-3 H.8 PRINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.9 KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.10 CONTRACT NUMBER IDENTIFICATION. . . . . . . . . . . . . . . . . H-5 H.11 SUBMISSION OF CORRESPONDENCE. . . . . . . . . . . . . . . . . . H-5 H.12 OTHER CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . H-5 H.13 LAWS APPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . H-5 H.14 DISPOSITION OF MATERIAL . . . . . . . . . . . . . . . . . . . . H-5 H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES. . . . . . H-6 H.16 FEDERAL REPORTS . . . . . . . . . . . . . . . . . . . . . . . . H-6 H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION. . . . . . . . . . . . . H-6 H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK . . . . . . . . . . H-7 H.19 HAZARDOUS OCCUPATION ORDERS . . . . . . . . . . . . . . . . . . H-8 H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3) . . . . . . . . . . . H-8 H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR . . . . . . . . . . H-9 H.22 PERFORMANCE STANDARDS . . . . . . . . . . . . . . . . . . . . . H-9 H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING. . . . . . . . . . H-10 Back to Table of Contents TABLE OF CONTENTS PAGE H.24 PUBLICATION OF MATERIALS. . . . . . . . . . . . . . . . . . . . H-10 H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE . . . . . . H-10 (FAR 17.208(g)) H.26 INDIRECT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . H-11 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . I-1 SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . I-1 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . I-1 52.202-1 DEFINITIONS OCT 1995. . I-1 52.203-3 GRATUITIES APR 1984. . I-1 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984. . I-1 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995. . I-1 THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995. . I-1 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997. . I-1 OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997. . I-1 IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997. . I-1 CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTING/COPYING DOUBLE-SIDED ON JUN 1996. . I-1 RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995. . I-1 WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999. . I-1 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997. . I-1 FORMAT 52.216-7 ALLOWABLE COST AND PAYMENT APR 1998. . I-1 52.216-8 FIXED-FEE MAR 1997. . I-1 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996. . I-1 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 1999. . I-1 52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996. . I-1 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997. . I-1 DISPUTES 52.222-3 CONVICT LABOR AUG 1996. . I-1 52.222-26 EQUAL OPPORTUNITY FEB 1999. . I-1 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998. . I-1 AND VETERANS OF THE VIETNAM ERA 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998. . I-2 DISABILITIES 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999. . I-2 AND VETERANS OF THE VIETNAM ERA 52.223-2 CLEAN AIR AND WATER APR 1984. . I-2 52.223-6 DRUG-FREE WORKPLACE JAN 1997. . I-2 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN AUG 1998. . I-2 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995. . I-2 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996. . I-2 AND COPYRIGHT INFRINGEMENT 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996. . I-2 52.232-17 INTEREST JUN 1996. . I-2 Back to Table of Contents TABLE OF CONTENTS PAGE 52.232-22 LIMITATION OF FUNDS APR 1984. . I-2 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986. . I-2 52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999. . I-2 CONTRACTOR REGISTRATION 52.233-1 DISPUTES MAR 1994. . I-2 ALTERNATE I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996. . I-2 ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984. . I-2 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995. . I-2 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997. . I-2 52.242-13 BANKRUPTCY JUL 1995. . I-2 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987. . I-2 ALTERNATE I (APR 1984) 52.244-2 SUBCONTRACTS AUG 1998. . I-2 ALTERNATE II (AUG 1998) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996. . I-2 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1998. . I-2 COMMERCIAL COMPONENTS 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997. . I-2 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996. . I-2 52.249-14 EXCUSABLE DELAYS APR 1984. . I-2 52.253-1 COMPUTER GENERATED FORMS JAN 1991. . I-2 I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) . . . . . . . . I-2 I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . . I-2 (NOV 1999) I.4 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . I-3 I.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-8 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . . . . J-1 SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . J-1 J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (9 PAGES). . . J-1 J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES) . . . . . . . J-1 J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES). . . . J-1 J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE). . . . . . . . J-1 J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2 . . . . J-1 J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,. . . J-1 J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES) . . . . . . . J-1 J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1 PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . . . K-1 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . . . K-1 OTHER STATEMENTS OF OFFERORS K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . K-1 BY REFERENCE 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991. . K-1 PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) . . . . . . . . . K-1 K.3 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER . . . . K-3 (JUN 1999) K.4 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . K-3 Back to Table of Contents TABLE OF CONTENTS PAGE PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) K.5 52.215-6 PLACE OF PERFORMANCE (OCT 1997) . . . . . . . . . . . K-5 K.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . K-5 (MAY 1999) K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. . . . . . K-7 (FEB 1999) K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984). . . . . . K-7 K.9 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) . . . . K-7 K.10 SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . K-9 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS. . . . . . L-1 L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . L-1 BY REFERENCE 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH APR 1991. . L-1 LANGUAGE 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991. . L-1 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE NOV 1999. . L-1 ACQUISITION 52.215-16 FACILITIES CAPITAL COST OF MONEY OCT 1997. . L-1 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999. . L-1 COMPLIANCE EVALUATION L.2 52.216-1 TYPE OF CONTRACT (APR 1984). . . . . . . . . . . . . L-1 L.3 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . L-1 L.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . L-2 REFERENCE (FEB 1998) L.5 PAST PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . L-2 L.6 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-3 L.7 REQUEST FOR CLARIFICATION (RFC) . . . . . . . . . . . . . . . . L-6 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . M-1 M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . M-1 BY REFERENCE 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984. . M-1 M.2 BASIS FOR AWARD (BEST VALUE). . . . . . . . . . . . . . . . . . M-1 M.3 EVALUATION CRITERIA. . . . . . . . . . . . . . . . . . . . . . . M-2 M.4 DETERMINING BEST OVERALL VALUE. . . . . . . . . . . . . . . . . M-6 Back to Table of Contents RFP-DCS-00-36 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS SERVICES ORDERED Title: "Technical Management Assistance Services" The U.S. Department of Labor, Employment and Training Administration (DOL/ETA), Office of Job Corps is soliciting firms to perform the following basic work elements and tasks in support of its procurement system: (1) Review the Job Corps program's procurement directives, technical assistance tools and practices (2) Format, update and maintain the program's model Requests for Proposals (3) Update the Job Corps Procurement Compendium (4) Update the Job Corps Area Wage and Salary Survey Handbook (5) Develop a guide to assist proposal reviewers in evaluating proposals (6) Develop an Acquisition Technical Assistance Guide (7) Develop and conduct procurement training for the Job Corps system. Solicitation No. is RFP-DCS-00-36. Period of Performance is twenty-four (24) months from the date of contract execution by the government plus three 1-year options at the discretion of the government. This solicitation is a 100% Small Business Set-Aside. The Standard Industrialized Code is 8742, with a $5 million size standard. A cost reimbursement type contract is contemplated for this requirement. Closing time and date are August 15, 2000, at 2:00 p.m. local time. REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00 PM LOCAL TIME July 31, 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, the Government determines that the RFC raises an issue of significant importance, the government will respond electronically. The Government will not provide any information concerning requests for B-1 Back to Table of Contents RFP-DCS-00-36 Section B clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at the DOLETA Internet site (HTTP://WWW.DOLETA.GOV). B-2 RFP-DCS-00-36 Section C SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 BACKGROUND Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. Job Corps was originally established by the Economic Opportunity Act of 1964; current authorization for the program is Title I, Chapter 6, Subtitle C, of the Workforce Investment Act of 1998. Job Corps provides educational, occupational, social and workplace skills training and support services. The unique combination of services provided in the Job Corps is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces. The Job Corps program is administered by the National Office of Job Corps, through a network of Regional Offices. The employment and training services are delivered to youth at 118 Job Corps center campuses nationwide, and are provided by contractors and federal agencies. Job Corps is the largest contracting organization within the Department of Labor. Contracting authority for the operation of Job Corps centers, outreach/admissions services, career development services and media/advertising support is held by Regional Directors and Job Corps Division Chiefs in each of Job Corps' 10 Regional cities. Historically, Job Corps has provided policy direction for procurement activity through procurement policy directives, technical assistance guides and periodic training for procurement staff. During the past several years, Federal procurement policy has changed significantly. In addition, Job Corps has experienced a complete turnover in Contracting Officers and Contract Specialists. Existing procurement guidance does not reflect current policy and does not function as an adequate tool to provide direction to new procurement officials. In some regional offices Job Corps has also adopted the use of Oral Presentation in lieu of written technical proposals. In addition, many of Job Corps' prime contractors compete for contracts in multiple regions. Since Job Corps' procurement authority is dispersed across several offices and the method of procurement may vary between oral and written proposals, it is critical to provide consistent procedures throughout the program's procurement activity. C-1 Back to Table of Contents RFP-DCS-00-36 Section C C.2 PURPOSE The U.S. Department of Labor, Employment and Training Administration (DOL/ETA) is soliciting firms to perform the following basic work elements and tasks in support of its procurement system: (1) Review the Job Corps program's procurement directives, technical assistance tools and practices (2) Format, update and maintain the program's model Requests for Proposals (3) Update the Job Corps Procurement Compendium (4) Update the Job Corps Area Wage and Salary Survey Handbook (5) Develop a guide to assist proposal reviewers in evaluating proposals (6) Develop an Acquisition Technical Assistance Guide (7) Develop and conduct procurement training for the Job Corps system. The contractor is required to coordinate all work performed under this contract with the National Office of Job Corps, and shall be accountable for complying with all Federal laws and regulations and agency implementing policies, procedures and directives. The work performed under this contract will be considered confidential as it will include internal source selection policies and procedures. The anticipated outcomes of the work to be performed are: - Job Corps' primary procurement policy and technical assistance documents, forms and practices will be current and consistent with Federal Acquisition Regulations and DOL policy and accessible to all Job Corps procurement officials. - Job Corps' procurement policy will be clearly communicated to the Job Corps system and the public. - Job Corps operators, national and field staff will have ready access to current, applicable policy and forms. - Job Corps procurement officials will be knowledgeable regarding the new procurement technical assistance tools, and Job Corps' contractors will understand Job Corps' procurement policies and systems. C.3 OBJECTIVE Job Corps needs to ensure that procurement policy is current and is implemented consistently throughout the Job Corps system. The objective of this contract is to provide accurate policy guidance and technical assistance tools to enable Job Corps' Contracting Officers to effectively carry out their procurement responsibilities in a consistent manner. The contractor will provide material, services, and all necessary personnel to carry out the tasks described in Section C.4, below. C.4 SCOPE OF WORK The Scope of Work consists of 7 interrelated tasks, each involving several steps as follows: (1) Review the Job Corps program's procurement directives, technical C-2 Back to Table of Contents RFP-DCS-00-36 Section C practices (2) Format, update and maintain the program's model Requests for (3) Update the Job Corps Procurement Compendium (4) Update the Job Corps Area Wage and Salary Survey Handbook (5) Develop a guide to assist proposal reviewers in evaluating (6) Develop an Acquisition Technical Assistance Guide (7) Develop and conduct procurement training for the Job Corps system. Task 1: Review the Job Corps program's procurement directives, technical assistance tools and practices. The contractor will review and become thoroughly familiar with the existing Job Corps procurement policy materials including the Job Corps Procurement Notices, Procurement Panel Review Guide, Technical Assistance Guide, Procurement Compendium, Wage and Salary Survey Handbook and model RFPs. The contractor shall 1) identify outdated provisions or sections of these documents which do not comply with current federal procurement policy. 2) identify inconsistencies, conflicts and or/duplications within the existing policies. 3) Interview selected field procurement staff including contracting officers, procurement panel chairs, contract specialists and panel members to identify specific needs for procurement guidance 4) work with National Office staff to develop appropriate recommendations for policy revisions and procurement tools features to be developed. Deliverable and Due Date: The contractor will provide staff to complete the procurement policy assessment and submit a report of recommendations within 90 days of contract award. Task 2: Format, update and maintain the program's model Requests for Proposals Job Corps uses model Requests for Proposals (RFPs) to maintain consistency in the procurement of services for center operations, outreach/admissions and career development services. As program requirements and federal procurement policies change, Job Corps has a need to revise these models to reflect current needs and requirements. In addition, Job Corps models must be customized to meet individual procurement needs and procurement type, method and content. For example, some Job Corps centers operate unique programs such as English as a Second Language, or Child Care programs. Some Job Corps procurements call for use of Mentor-Protege relationships or set asides. In addition, Job Corps uses both oral and written submissions requiring differing proposal submission requirements and evaluation criteria. Job Corps needs a system which enables procurement officials to assemble RFPs which are tailored to the specific needs, while maintaining consistency across the program. The contractor will develop a system to enable procurement offices to assemble RFPs using model language, identify appropriate contract clauses and select submission instructions. The system will cover, at a minimum, any combination of the following services and procurement C-3 Back to Table of Contents RFP-DCS-00-36 Section C methods: Center Operations Outreach/Admissions Post-Center Career Development Services Job Corps Mentor-Protege model SBA 8(a) Mentor-Protege model Written Technical Proposal Oral Technical Proposal Full & Open Competition Small Business Set Aside including 8(a) and HubZone Sole Source The contractor will format and maintain appropriate model RFP sections both electronically and in hard copy. Upon request from the National Office, the contractor will incorporate changes in the RFP models. Deliverable and Due Date: The contractor will provide model RFPs and a system to customize them within 60 days of contract award. The contractor will prepare, format and incorporate subsequent changes into the RFPs as requested by the National Office within 10 days of request. Task 3: Update the Job Corps Procurement Compendium The Job Corps Procurement Compendium (JCPC) is a compilation of internal Job Corps, ETA and DOL policy requirements that supplement, clarify and/or elaborate on the Federal Acquisition Regulations. The requirements within the JCPC will be considered mandatory. This document will be considered confidential as it will include internal source selection policies and procedures. In collaboration with the National Office, the contractor will prepare a new JCPC which includes, at a minimum, the following required procedures: Competitive acquisitions Sole source acquisitions Submissions for technical review for new awards Option year award decisions and approvals Exhibits and samples of procurement documentation The contractor will format and maintain the JCPC both electronically and in hard copy. Upon request from the National Office, the contractor will incorporate changes in the JCPC. Deliverable and Due Date: The contractor will prepare the new JCPC within 180 days of contract award. Changes will be prepared and page changes developed for issuance within 3 weeks of request by the National Office. C-4 Back to Table of Contents RFP-DCS-00-36 Section C Task 4: Update the Job Corps Area Wage and Salary Survey Handbook Effective operation of Job Corps centers requires a contractor to be able to recruit, hire and train competent staff. For this reason, the government is concerned with the wages and salaries that an offeror proposes to pay staff. The government evaluates the Total Compensation plan to ensure that it reflects a sound management approach and an understanding of the requirements to be performed. The evaluation includes an assessment of the offeror's ability to provide uninterrupted work of high quality. The total compensation proposed is evaluated in terms of enhancing recruitment and retention of personnel and its realism and consistency with a total plan for compensation (both salaries and fringe benefits). Job Corps has issued an Area Wage and Salary Survey Handbook for use by Job Corps federal staff and offerors in developing and assessing compensation plans. Recently, Job Corps adopted an alternative approach for bench marking salaries for teachers, instructors, counselors and recreation specialists, by establishing their salary levels in comparison to local school districts. Based on this decision, the existing Handbook is outdated and needs revision to meet the needs of federal staff and offerors. The contractor will revise the Area Wage and Salary Handbook to present a methodology to enable staff to accomplish the following goals: (1) determine expected staffing costs for the development of a center operations cost model, (2) to assess the reasonableness of proposed costs in evaluating proposals for center operations and (3) to provide a structured approach for offerors to follow when collecting salary and fringe benefit data. The handbook will detail methods for determining appropriate benchmark salaries, and for conducting local area surveys for salaries and fringe benefits for positions not covered by Job Corps benchmarks. This document will be considered public domain as it will include procedures required to be used by offerors. Deliverable and Due Date: The contractor will prepare the new Area Wage and Salary Survey Handbook within 210 days of contract award. Task 5: Develop a guide to assist proposal reviewers in evaluating proposals. The effective evaluation of proposals submitted for Job Corps competitive procurements requires an understanding of the overall purpose, policies and procedures that govern the identification and selection of contractors to provide the federal government with the specified services. Job Corps regional offices conduct procurements for operation of Job Corps training centers, outreach/admissions to identify and qualify enrollment, career development services to prepare and place students in long-term employment following training, and C-5 Back to Table of Contents RFP-DCS-00-36 Section C media/advertising services for the program. In accordance with Federal Acquisition Regulations, the selection of contractors to perform these services requires the use of sound judgement and attention to detail. The purpose of developing a Procurement Panel Review Guide is to provide orientation and direction to the federal staff members involved in proposal review and evaluation. The contractor shall develop a Procurement Panel Review Guide which provides an overview of the procurement process, details the panelist's responsibilities as a proposal reviewer, describes proposal review procedures for initial and final proposal revisions, provides guidelines for review of topics for each proposal section and element, describes use of and criteria for the proposal rating scheme, and provides proposal rating templates in electronic and hard copy format for panelists' use. This document will be considered confidential as it will include internal source selection policies and procedures. The Guide shall address evaluation of both written and oral presentations of technical submissions for each type of procurement activity. The Handbook shall be prepared in camera-ready copy suitable for printing. Deliverable and Due Date: The contractor will develop and submit the Job Corps Procurement Panel Review Guide within 270 days of contract award. Task 6: Develop an Acquisition Technical Assistance Guide Job Corps' overall acquisition planning and procurement procedures were originally described in a procurement technical assistance guide developed in the 1980s. Procurement policy has changed significantly and Job Corps needs to develop a new Acquisition TAG which will provide guidance, resources, suggestions and recommendations regarding the overall management of acquisitions. Since contracting authority is distributed among 10 regional offices, there is a need for consistent management of the acquisition management functions. The contractor will develop a new Acquisition Technical Assistance Guide which includes at a minimum, the following information for procurement officials: Procurement policies & regulations Acquisition planning Competitive procurements Conduct of procurements using oral and written submissions Sole source procurements Set asides Center procurements Outreach/admissions procurements Career Development Services procurements Consultant contracts Purchase orders C-6 Back to Table of Contents RFP-DCS-00-36 Section C Clearance & congressional notification procedures Award procedures Post-Award conferences Subcontracting Contract modifications This document will be considered confidential as it will include internal source selection policies and procedures. Deliverable and Due Date: The contractor will prepare the new Acquisition Technical Assistance Guide within 540 days of contract award. Changes will be prepared and page changes developed for issuance within 30 days of request by the National Office. Task 7: Develop and conduct procurement training for the Job Corps system During the past several years, Federal procurement policy has changed significantly. In addition, Job Corps has experienced a complete turnover in Contracting Officers and Contract Specialists. Since Job Corps' procurement authority is dispersed across several offices, contractors do business in multiple regions, and the method of procurement may vary between oral and written proposals in various regions, it is critical to provide consistent procedures throughout the program's procurement activity and to communicate those to both the federal procurement and Job Corps contractor community. In order to clarify Job Corps' procurement policies, procedures and protocols, training of the Job Corps system is essential. The contractor will design and deliver Job Corps Procurement System Conferences in the 6 Hub-region locations nationwide (New York, Philadelphia, Atlanta, Chicago, Dallas, San Francisco). The conference/training will be designed to announce and explain Job Corps' procurement policy and practices to a joint audience of federal procurement staff and Job Corps contractors. A one-day joint session will be followed by 2.5 days of internal procurement policy and procedure training for federal procurement staff. Federal staff will include Contracting Officers, Contract Specialists, Project Managers and other staff involved in the procurement process in each Region. The agenda, content, trainers and logistics will be the responsibility of the contractor in cooperation with the National Office staff. The projected attendance for each session is estimated to be 30 contractor staff and 25-30 federal staff. Deliverable and Due Date: The contractor will deliver the 6 training sessions beginning 540 days after the award of this contract and will complete the training by the end of the base contract. C-7 RFP-DCS-00-36 Section D SECTION D - PACKAGING AND MARKING [For this Solicitation, there are NO clauses in this Section] D-1 RFP-DCS-00-36 Section E 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 52.246-5 INSPECTION OF APR 1984 SERVICES--COST-REIMBURSEMENT E-1 RFP-DCS-00-36 Section F 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 twenty (24) months from the date of contract execution, plus three 1-year options to extend at the discretion of the Government. The contractor shall provide qualified personnel, services, equipment, facilities and supplies to perform the tasks listed in Section C.4. F.3 LEVEL OF EFFORT The level of effort for this project for the base period is estimated at 7.5 and 8.5 professional person years. The level of effort for each option year is equal to the base year plus a 3.5% increase for inflation. The number of staff needed for this project is approximately 6.5. Work will be accomplished in the following areas: a. Researcher/Analyst - 2.5 person years b. Technical Writer/Editor - 1 person year c. Word processing specialist - 2 person years d. Trainer/Consultant - 1 person year F-1 Back to Table of Contents RFP-DCS-00-36 Section F F.4 REPORTS/DELIVERABLES The contractor shall submit the following reports and products, at the time and in the number stated, to the Project Officer. If requested to do so by the Project Officer, the contractor shall present an oral briefing on any report submitted under any item below. Some of the tasks under this contract are open-ended and will involve the provision of on-going support and technical assistance. The contractor will need to demonstrate progress in performance of each of the tasks required in the individual elements described in C.4. 1. Monthly Progress Reports in Four (4) Copies. The first report will be due 30 days after the contract beginning date and subsequent reports will be due monthly thereafter and will be submitted with the monthly invoices. Reports must address monthly progress in terms of completing the tasks specified in the Statement of Work, plans for the resolution of any problems which may arise and, if requested by the Project Officer, updated work plan for the remainder of the contract. 2. Financial Reports in Four (4) Copies. The Contractor shall submit an invoice together with a detailed report of expenditures. The expenditures report submitted with the invoices must include the same line items or cost categories as those specified in the prime contract budget. 3. Specific Deliverables in Four (4) Copies. Task/Deliverable/Due Date 1. Report of procurement policy assessment & recommendations - contract award. 2. Formats & system for model RFPs - within 60 days of contract 3. Updated procurement compendium - within 180 days of contract 4. Area Wage & Salary Survey Handbook - within 210 days of 5. Proposal evaluation guide - within 270 days of contract 6. Acquisition Technical Assistance Guide - within 540 days of 7. Procurement training - within 540-720 days of contract award. F-2 RFP-DCS-00-36 Section G 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 G-1 Back to Table of Contents RFP-DCS-00-36 Section G 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-2 Back to Table of Contents RFP-DCS-00-36 Section G G.3 METHOD OF PAYMENT A. Payments under this contract will be made either by check or electronic funds transfer (through the Treasury Fedline Communications System (FEDLINE) or the Automated Clearing House (A H)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. The contractor shall submit this designation to the Contracting Officer or other Government official as directed. B. For payments through FEDLINE, the Contractor shall provide the following information: (1) Name, address, and telegraphic abbreviation of the financial institution receiving payment. (2) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. (3) Payee's account number at the financial institution where funds are to be transferred. (4) If the financial institution does not have access to the Federal Reserve Communications System, provide the name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution. C. For payments through ACH, the Contractor shall provide the following information: (1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE). (2) Number of account to which funds are to be deposited. (3) Type of depositor account ("C" for checking, "S" for savings). (4) If the Contractor is a new enrollee to the ACH system, a "Payment Information Form," SF 3881, must be completed before payment can be processed. D. In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information G-3 Back to Table of Contents RFP-DCS-00-36 Section G specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective. E. The documents furnishing the information required in paragraphs B and C above must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number. F. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. G. The Contractor shall forward the information required above to: U.S. Department of Labor, ETA Division of Accounting, Room N-4702 200 Constitution Avenue, NW Washington, DC 20210 G-4 RFP-DCS-00-36 Section H 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, Workers' 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-1 Back to Table of Contents RFP-DCS-00-36 Section H 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-2 Back to Table of Contents RFP-DCS-00-36 Section H 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. H-3 Back to Table of Contents RFP-DCS-00-36 Section H 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-4 Back to Table of Contents RFP-DCS-00-36 Section H 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-5 Back to Table of Contents RFP-DCS-00-36 Section H 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-6 Back to Table of Contents RFP-DCS-00-36 Section H 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. H-7 Back to Table of Contents RFP-DCS-00-36 Section H (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. Workers' Compensation - In the amounts required by State law or the United States Longshore Workers' 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 Workers' 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: H-8 Back to Table of Contents RFP-DCS-00-36 Section H "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/OFAM/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, work, 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-9 Back to Table of Contents RFP-DCS-00-36 Section H 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 TBD 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 The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. H-10 Back to Table of Contents RFP-DCS-00-36 Section H 4. Estimated costs, including any indirect costs, for the options years shall be determined at the time of contract execution. Any anticipated deviations from total preestimated option year costs must be presented to the Contracting Officer in writing, with an explanation and justification of the anticipated deviation(s), 10 calendar days after receipt of notice by the contractor of the Government 's intention to exercise the option to extend the term of the contract. No deviations from the total pre-established option years estimated costs shall be permitted without the written consent of the Contracting Officer. Deviations which would increase the total pre-established option year estimated costs by more than 10 percent shall not be permitted under any circumstances. H.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 H-11 Back to Table of Contents RFP-DCS-00-36 Section H 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 rates and bases are: 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 Office of Cost Determination (OCD) Negotiator in the appropriate DOL Regional Office or if applicable, to the OCD 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, Office of Cost Determination (OCD) U.S. Department of Labor, OASAM 200 Constitution Avenue, N.W., Room S-5520 Washington, D.C. 20210 H-12 Back to Table of Contents RFP-DCS-00-36 Section H Tel. (202) 219-8391 (End of Clause) H-13 RFP-DCS-00-36 Section I 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 52.216-7 ALLOWABLE COST AND PAYMENT APR 1998 52.216-8 FIXED-FEE MAR 1997 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 1999 52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996 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 I-1 Back to Table of Contents RFP-DCS-00-36 Section I 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 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 52.232-17 INTEREST JUN 1996 52.232-22 LIMITATION OF FUNDS 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 I (APR 1984) 52.244-2 SUBCONTRACTS AUG 1998 ALTERNATE II (AUG 1998) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1998 COMMERCIAL COMPONENTS 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 I-2 Back to Table of Contents RFP-DCS-00-36 Section I 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 4 years. I.4 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. (2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraph (a)(3)(i) through (a)(3)(viii) of this clause. If the invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office I-3 Back to Table of Contents RFP-DCS-00-36 Section I received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils), with a statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner described in subparagraph (a)(5) of this clause. (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. (3) 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 I-4 Back to Table of Contents RFP-DCS-00-36 Section I 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. (4) 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 I-5 Back to Table of Contents RFP-DCS-00-36 Section I 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. (5) 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. (6) 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. I-6 Back to Table of Contents RFP-DCS-00-36 Section I (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. I-7 Back to Table of Contents RFP-DCS-00-36 Section I (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.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ I-8 RFP-DCS-00-36 Section J 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-1 RFP-DCS-00-36 Section K 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 K-1 Back to Table of Contents RFP-DCS-00-36 Section K 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-2 Back to Table of Contents RFP-DCS-00-36 Section K ---- K.3 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUN 1999) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information: (1) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://www.customerservice@dnb.com/. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com. K.4 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 - K-3 Back to Table of Contents RFP-DCS-00-36 Section K (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 K-4 Back to Table of Contents RFP-DCS-00-36 Section K person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. K.5 52.215-6 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.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 1999) (a)(1) The standard industrial classification (SIC) code for this acquisition is 8742. (2) The small business size standard is 5 million million [average annual receipts for 3 preceding fiscal yrs]. K-5 Back to Table of Contents RFP-DCS-00-36 Section K (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 K-6 Back to Table of Contents RFP-DCS-00-36 Section K suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. K.7 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.8 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.9 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 K-7 Back to Table of Contents RFP-DCS-00-36 Section K 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-8 Back to Table of Contents RFP-DCS-00-36 Section K 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) K-9 RFP-DCS-00-36 Section L 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 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH APR 1991 LANGUAGE 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE NOV 1999 ACQUISITION 52.215-16 FACILITIES CAPITAL COST OF MONEY OCT 1997 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999 COMPLIANCE EVALUATION L.2 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a CPFF contract resulting from this solicitation. L.3 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 Contract Services L-1 Back to Table of Contents RFP-DCS-00-36 Section L 200 Constitution Avenue, NW Room C-4310 Washington DC 20210 Mailing Address: U.S. Department of Labor, ETA/OGCM Division of Contract 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.4 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.5 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: L-2 Back to Table of Contents RFP-DCS-00-36 Section L 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 past performance reference information form (Attachment J.7) 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.6 SUBMISSION OF PROPOSAL (A) - General: Each offeror must submit an offer (proposal) and other written information 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 and/or Contract L-3 Back to Table of Contents RFP-DCS-00-36 Section L Specialist 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 direct 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 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 - A detailed Technical Proposal in an original and four (4) copies as further outlined below. 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 non-responsiveness. 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 Exhibit A - Cost and Price Analysis, ETA 8555 (Mar. 1981) (b) One (1) copy of Exhibit B - Statement of Financial Capability, ETA 8554 (Mar. 1981) The Cost Analysis (Exhibit A) and Financial Capability Forms (Exhibit B) support information shall be augmented as follows: i. Most current published annual balance sheet and profit or loss statement. ii. 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. L-4 Back to Table of Contents RFP-DCS-00-36 Section L iii. 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 they 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 does he have in this technical area? *Also provide the above information for consultants you intend to use in the performance of a resulting contract. (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. (B) - Technical Proposal (Part 2): The technical proposal must at a minimum provide: 1. Clear evidence of the offeror's knowledge and understanding of policy development in the context of legislative requirements. 2. The offeror's technical approach and schedule for accomplishing the objectives, including identification of possible technical problems and solutions. Clear evidence of the offeror's expertise in the areas of policy analysis, technical writing, web technology. 3. A general work plan organized to show major work tasks and subtasks for conducting the project. 4. A staffing chart listing names, qualifications, and experience of key staff. L-5 Back to Table of Contents RFP-DCS-00-36 Section L 5. A brief description of the firm's qualifications in terms of relevant previous experience, facilities and other resources. Samples of prior projects that illustrate the offeror's research skills, writing ability and policy development experience must be provided along with the names and telephone numbers of client references. Your technical proposal should be specific and complete. Your proposal should demonstrate a thorough understanding of the requirements as stated in Section C.4, and a logical plan for accomplishment. L.7 REQUEST FOR CLARIFICATION (RFC) All requests for RFP clarification are due by 5:00 PM Local Time July 31, 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, the Government determines that the RFC raises an issue of significant importance, the government will respond electronically. The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at the DOLETA Internet site (HTTP://WWW.DOLETA.GOV). L-6 RFP-DCS-00-36 Section M 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 based on the evaluation criteria listed in M.3 and make award without discussions with offerors. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, each offer should contain the best terms from a cost or price and technical standpoint. A cost realism analysis shall be performed for all technically acceptable offerors. Contract award will be based on the combined evaluations of the Contractor's Capability to Perform the Contract, Individual Staff Experience and Qualifications, Contractor's Past Performance, Contractor's Experience with Related Work, and Price. 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 M-1 Back to Table of Contents RFP-DCS-00-36 Section M 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(s) 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 Prospective offerors are advised that the selection of an offeror for contract award is to be made after a careful evaluation of the proposals received, by a panel selected by DOL/ETA. Each panelist will evaluate the proposals for acceptability using a range of scores assigned to each factor. The scores will then be averaged to select an offeror or develop a list of offerors with whom negotiations may be conducted. A. CONTRACTOR'S CAPABILITY TO PERFORM THE CONTRACT (35 Points) The proposal should provide a detailed technical approach of the contractor's capability to perform each of the tasks listed in section C. 4 of this RFP. This should include, (1) Review the Job Corps program's procurement directives, technical assistance tools and practices (2) Format, update and maintain the program's model Requests for Proposals (3) Update the Job Corps Procurement Compendium (4) Update the Job Corps Area Wage and Salary Survey Handbook (5) Develop a guide to assist proposal reviewers in evaluating proposals (6) Develop an Acquisition Technical Assistance Guide (7) Develop and conduct procurement training for the Job Corps system. Criteria A will be evaluated on the response of the offeror's detailed technical approach on the 7 tasks listed above. 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. M-2 Back to Table of Contents RFP-DCS-00-36 Section M 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 professional 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 professional personnel; 4. A resume for each professional 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. This person shall be a qualified professional capable of supervising activities involved in support of each task order; be qualified to coordinate all project related personnel matters communicate both orally and in writing with all levels of ETA personnel; develop and implement staffing plans, and otherwise manage the project; be a qualified professional capable of working independently and providing guidance to lower level personnel; and have a minimum of 5 years experience in related work; (ii) The experience and qualifications of all professional personnel. Professional personnel should have a minimum of three years experience in related work and the technical expertise for M-3 Back to Table of Contents RFP-DCS-00-36 Section M their role in the project. (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 professional personnel. All professional personnel must devote 100% of their time to the project. (iv) A resume for each professional 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 (vi) Staffing charts listing names, qualifications, and experience of professional personnel (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, 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, professional personnel who have relevant experience, or M-4 Back to Table of Contents RFP-DCS-00-36 Section M 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 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 professional personnel assigned to the project; and (f) A brief summary of the work performed by the contractor on the project; significant accomplishments; and 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. PLEASE NOTE: Strength of the contractor's support for the projects is defined as follows: i. Contractor has the facilities and equipment needed to perform the proposed project; ii. Contractor's offices are fully sufficient to accommodate its M-5 Back to Table of Contents RFP-DCS-00-36 Section M staff; and iii. Contractor has a complete complement of office equipment, i.e. computers for each staff member, printers, fax machine, and copy machines. E. PRICE A Cost Realism analysis will be performed as part of the proposal evaluation process. The purpose of this evaluation shall be (a) to verify the offeror's understanding of the requirement; (b) to 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). M.4 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 they have 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. M-6 Back to Table of Contents