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STANDARD FORM 33 (REV. 9-97) |
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 PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
C.2 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
C.3 OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . C-2
C.4 SCOPE OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . C-3
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
52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984. . E-1
(SHORT FORM)
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 DELIVERABLES AND DELIVERY SCHEDULE. . . . . . . . . . . . . . . F-1
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
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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
H.27 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL. . . . . . H-13
YEAR (APR 1984)
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
52.222-1 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
ALTERNATE I (APR 1984)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996. . I-2
AND COPYRIGHT INFRINGEMENT
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TABLE OF CONTENTS PAGE
52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997. . I-2
CONTRACTOR (SHORT FORM)
52.227-14 RIGHTS IN DATA--GENERAL JUN 1987. . I-2
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996. . I-2
52.232-17 INTEREST JUN 1996. . I-2
52.232-18 AVAILABILITY OF FUNDS APR 1984. . I-2
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 V (APR 1984)
52.244-2 SUBCONTRACTS AUG 1998. . I-2
ALTERNATE II (AUG 1998)
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996. . I-2
52.246-23 LIMITATION OF LIABILITY FEB 1997. . I-2
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-3
(NOV 1999)
I.4 52.219-17 SECTION 8(a) AWARD (DEC 1996) . . . . . . . . . . . I-3
I.5 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A). . . . . . I-4
CONCERNS--ALTERNATE III (XXX 1999)
I.6 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . I-4
I.7 52.243-7 NOTIFICATION OF CHANGES (APR 1984) . . . . . . . . . I-9
I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-11
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, (1 PAGE) . . . 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
J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1
PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . . . K-1
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . . . K-1
OTHER STATEMENTS OF OFFERORS
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TABLE OF CONTENTS PAGE
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 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . K-3
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(MAR 1996)
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) . . . . . . . . . . . K-4
K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . K-5
(MAY 1999)
K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. . . . . . K-6
(FEB 1999)
K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984). . . . . . K-6
K.8 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) . . . . K-7
K.9 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND . . . . . . . . K-7
RESTRICTED COMPUTER SOFTWARE (MAY 1999)
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
52.215-1 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 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER . . . . L-1
(JUN 1999)
L.3 52.216-1 TYPE OF CONTRACT (APR 1984). . . . . . . . . . . . . L-2
L.4 52.227-6 ROYALTY INFORMATION (APR 1984) . . . . . . . . . . . L-2
L.5 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . L-3
L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . L-3
REFERENCE (FEB 1998)
L.7 PAST PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . L-4
L.8 ORAL PRESENTATION SECTION . . . . . . . . . . . . . . . . . . . L-5
L.9 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-8
L.10 REQUEST FOR CLARIFICATION (RFC) . . . . . . . . . . . . . . . . L-11
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 AND BASIS FOR AWARD (BEST VALUE). . . . . . M-2
A-5
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A-6
RFP-DCS-00-15 8(a) Section B
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
JOB CORPS WIA IMPLEMENTATION
The purpose of this solicitation is to select a contractor to perform the
following basic work elements and tasks: (1) Conduct a comprehensive review
and analysis for the Outreach and Admissions (OA) component of Job Corps;
(2) Workforce Investment Act systems implementation, data support, and the
development of a system which fosters the use of data for continuous
improvement; and (3) provide technical assistance and training to Job Corps
Regional Offices, Job Corps National Office and Job Corps Centers in the
areas of continuous improvement, OA best practices and other programmatic
areas.
Solicitation No. is RFP-DCS-00-15 8(a).
The period of performance will be 12 months from the date of execution of
the contract plus four 1-year options at the discretion of the Government.
The Standard Industrial Classification Code has been determined to be 8742,
with a $5 million size standard.
This solicitation is a 100% Small Business 8(a) Set-Aside.
A cost reimbursement plus fixed fee type of contract is contemplated being
awarded under this solicitation.
Closing date and time are March 20, 2000 at 2:00 p.m. local time.
REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00 PM
LOCAL TIME MARCH 2, 2000.
Only electronic submission of requests will be accepted. They shall be
submitted to Mr. James N. Chestnut at jchestnut@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 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 provided to all offerors at the DOLETA
Internet site (http://www.doleta.gov).
B-1
RFP-DCS-00-15 8(a) Section C
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
^w
C.1 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: (1) Conduct a comprehensive review and analysis
for the Outreach and Admissions (OA) component of Job Corps; (2)
Workforce Investment Act systems implementation, data support, and
the development of a system which fosters the use of data for
continuous improvement; and (3) provide technical assistance and
training to Job Corps Regional Offices, Job Corps National Office
and Job Corps Centers in the areas of continuous improvement, OA
best practices and other programmatic areas.
C.2 BACKGROUND
The Job Corps Program was established approximately 35 years ago as
a national employment and training program to address the chronic
employment barriers confronting the nation's severely disadvantaged
youth between the ages of 16 and 24 years of age. The fundamental
purpose of Job Corps is to prepare youth to either obtain and hold
meaningful employment, pursue further education or training, or
satisfy entry requirements for the pursuit of careers in the Armed
Services.
Over the past several years, the nation's publicly-financed
workforce development system has committed to changing both its
policy governance and service delivery structures to align with a
market and customer driven system that emphasizes increased
accountability. Considerable debate has occurred at the national,
state, and local levels concerning the design of the new system and
how best to implement any redesign. The framework that evolved from
years of Congressional debate and stakeholder collaboration resulted
in the recently enacted Workforce Investment Act (WIA).
The Workforce Investment Act has introduced sweeping reforms into
the nation's publicly-financed workforce investment system. These
reforms focus on implementing measures designed to:
* recognize a one-stop, seamless delivery approach
* foster private-sector participation by building innovative and
integrated business service platforms into program delivery systems
* establish customer satisfaction indicators for employers and
participants
* create state-of-the-art technology infrastructures that facilitate
C-1
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RFP-DCS-00-15 8(a) Section C
customer access and choice
* promote cross program information sharing
* encourage both partnering and leveraging of resources with
non-traditional system allies
* implement or upgrade customer tracking data systems that produce
results and outcomes supported by valid benchmarks and factors
* stimulate new, creative approaches to serving youth.
C.3 OBJECTIVES
Within this WIA framework, Job Corps must develop structures and
policies that both embrace and grapple with these changing dynamics
and their impact. WIA mandates that Job Corps provide graduates 12
months of continued services after the date of their graduation. In
addition, WIA requires that Job Corps' performance measures report 6
and 12 months post-placement verification of employment and
earnings. These are dramatic changes for Job Corps. Thus, Job
Corps must employ strategies that facilitate an ongoing critical
analysis of its system infrastructure while ensuring the emergence
of effective and efficient program designs and service delivery.
Recent reports, studies or audits concerning Job Corps have
reinforced the need to research, evaluate and develop technical
assistance strategies to implement structural change. Specific
issues that have been of paramount concern include: improving the
overall effectiveness and efficiency of its outreach and admissions
component and aligning it with the requirements of the WIA;
improving the services provided to students after they leave Job
Corps; improving On- Board-Strength (OBS) by keeping Centers filled
to capacity; develop better reporting protocols; building staff
capacity through training and professional development; and
increasing the capacity for national office staff to have quick and
easy access to reliable and valid program performance data and
analysis.
The activities proposed reflect Job Corps' recognition of the need
to align their system with the mandates created under the new WIA
legislation while ensuring continuous quality improvement. This
solicitation acknowledges Job Corps' need to obtain support and
resources to analyze the program's functioning in a timely manner
and assist in implementing and assessing change. It recognizes that
additional services are needed to supplement Job Corps by: (1)
conducting a comprehensive review and analysis for the OA component
of Job Corps; (2) WIA system implementation, data support and the
development of a system which fosters the use of data for continuous
improvement; (3) providing training and technical assistance to Job
Corps Regional Offices, Job Corps National Office and Job Corps
Centers in the areas of continuous improvement, OA best practices
and other programmatic areas.
C-2
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RFP-DCS-00-15 8(a) Section C
C.4 SCOPE OF WORK
The scope of work consists of three critical areas each involving
several major tasks as follows: (1) conducting a comprehensive
review and analysis for the OA component of Job Corps; (2) WIA
system implementation, data support and the development of a system
which fosters the use of data for continuous improvement; (3)
providing training and technical assistance to Job Corps Regional
Offices, Job Corps National Office and Job Corps Centers in the
areas of continuous improvement, OA best practices and other
programmatic areas.
AREA I. COMPREHENSIVE REVIEW AND ANALYSIS FOR THE OUTREACH AND
ADMISSIONS COMPONENT OF JOB CORPS
This area is comprised of three major functions: 1) a comprehensive
review and analysis of the Outreach and Admissions component of the
Job Corps program; 2) Recommendations for a structural design which
will provide Job Corps with an efficient and effective Outreach and
Admissions process that incorporates the new WIA requirements in
this area; and 3) Development of a National Policy and Technical
Assistance strategy which would help to ensure that Job Corps
maintain full centers throughout the year.
Milestone 1: Outreach and Admissions (OA) Component Analysis
Task 1. Conduct a comprehensive OA analysis
The contractor will provide Job Corps with a comprehensive and
detailed analysis related to the current outreach and admissions
component of the program. This analysis will include review and
assessment of all aspects of outreach, eligibility, selection and
assignment of students into the Job Corps program. The analysis
will compare the existing structure to the new requirements under
WIA and will incorporate findings regarding best practices currently
being implemented within the Job Corps or other employment and
training systems. Further the analysis will include budget
information and performance data.
Deliverable and Due Date: Develop a strategy for obtaining input and
insight into the existing OA process and method of operation within
90 days from the date of contract award. Produce a national
comprehensive analysis of the existing OA process including the
aforementioned information and interview information obtained from
field practicians. This analysis is due within 180 days from the
contract award.
Milestone 2: Recommendations for a structural design for operating
an efficient and effective OA operation.
Task 1. Conduct Technical Workgroups and other meetings
The contractor will convene Technical Working Group (TWG) meetings
focusing on utilizing the comprehensive analysis as a source
document. The focus of the TWG is on restructuring of the delivery
of OA services to meet the intent of the WIA requirements; (2)
formulating a plan for maintaining OBS; and (3) improving OA
services to enhance retention.
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RFP-DCS-00-15 8(a) Section C
Deliverable and Due Date: 1) the conduct of an initial and
subsequent TWG meeting comprised of Job Corps experts and other
subject matter experts for the purpose of formulating
recommendations to the FMT for structural changes within the OA
component of Job Corps; 2) preliminary meetings will be conducted
with Job Corps Federal Staff to ensure input into process, 3)
meeting logistics and facilitation is provided by the contractor, 4)
additional meetings with other interested parties such as FMT are
required, and 5) meeting summaries and preparation materials are the
responsibility of the contractor. Meetings will conclude within 1
year from the award of the contract.
Milestone 3: Development of a National OA policy and other
technical assistance materials.
Task 1. Formulate OA policy and related technical assistance such
as a best practice guide and obtain final input from the field.
Based on the final recommendations from the TWG and approval from
the FMT, the contractor shall formulate a draft OA policy which
defines OA services. The contractor shall then prepare a guide for
the field which provides suggestions on "best practices" as they
relate to OA operations.
Deliverable and Due Date: This draft OA policy and guide for "best
practices" must be developed and out for comment within 60 days from
the receipt of the final recommendations from the TWG and approval
from the FMT.
AREA II. WIA SYSTEM IMPLEMENTATION, AND DATA SUPPORT RELATED TO
CONTINUOUS IMPROVEMENT
This area encompasses three major functions: 1) Implementing
national pilots for the survey data collection for Job Corps
Graduates 6 and 12 months following their first placement; 2)
developing a system-wide approach for utilizing data for continuous
program improvement; and 3) providing the necessary data analysis to
support the continuous improvement efforts.
Milestone 1: Implementing National pilots for survey data
collection
Task 1. Administering the 6- and 12-month survey
The contractor is responsible for the piloting of a survey operation
which at a minimum would collect placement and earnings information
on all Job Corps graduates. The survey operation must employ proven
survey techniques to ensure acceptable response rates and adequate
staff coverage. The survey data must interface with other JC data
center data. The contractor is responsible for training survey
staff in Job Corps policy and procedures as it relates to data
integrity. The contractor must have a vehicle in place to oversee
and validate the data collected by the survey staff.
Deliverable and Due Date: The contractor will have adequate staff
trained and ready to begin the conduct of 6- and 12-month graduate
data collection by way of operating a computer-assisted telephone
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RFP-DCS-00-15 8(a) Section C
survey. The survey will attempt to reach all Job corps graduates at
6 and 12 months following their initial placement. The contractor
will begin to operate the survey data collection within 30 days from
the completion of the survey design and completion of any interface
programming by the JC data center (anticipated date October, 2000)
Task 2. Administering the survey for non-graduates
The WIA requires Job Corps to provide information on the initial
placement status of non- graduates. Job Corps will find this
information out by attempting to contact each non-graduate by phone
within 30 days from the student's exit from the program. To the
extent possible, a referral to a local community service
organization, such as a One-Stop Center, will be provided to the
non-graduate and any employment information will be obtained. The
contractor will manage and staff the telephone survey operation
which will focus on collecting information on the status of
non-graduates within 30 days of departure from the Center. The
contractor will provide a referral to the extent possible. The
contractor will base staffing on the volume of non- graduates,
approximately 27,000 youth who will require attempted contacts, data
collection, and referral services.
Deliverable and Due Date: The contractor will have staff trained and
in place within 30 days from the time that programming is completed
on the data collection vehicle such as the computer assisted
telephone survey (anticipated date October 2000)
Task 3. System for verifying initial placement data for graduates
and non-graduates
Job Corps is accountable for maintaining data integrity. As an
example of our commitment to this area, Job Corps has for many
years, utilized a system for independent placement validation. The
independent validation system must be redesigned to meet the intent
of WIA. The contractor will manage and staff a telephone survey
which utilizes data collected from either students or employers to
validate a sample of all initial placements.
Deliverable and Due Date: The contract will staff and manage the
initial placement verification for the Office of Job Corps. The
contractor is responsible for ensuring that the validation
information is maintained in a data base and processes are in place
for immediate notification to the appropriate Regional Office
regarding any placements found to be invalid. The operation of this
system must begin within 30 days of the completion of any
programming and final development.
Milestone 2: Development of a system for utilizing data for program
improvement
Job Corps has tremendous data. The use of the data is primarily for
the purpose of assessing performance and rating Job Corps Centers.
There is a potential to utilize the data to provide system-wide
feedback for the purpose of improving programs in a variety of
areas. The contractor will work with the FMT to develop a strategy
for using data for the purpose of program improvements at many
levels (Centers, regional operations and nationally).
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RFP-DCS-00-15 8(a) Section C
Deliverable and Due Date: The contractor will conduct meetings with
FMT members and other operations people to assess the needs of the
Job Corps community related to continuous improvement. The
contractor will prepare a plan based on information collected. The
plan will provide Job Corps management with a strategy for using
data for planning program improvements. The meetings will occur
within the first 6 months of the contract award and the plan will be
submitted within 9 months of the contract award.
Milestone 3:
Data analysis to support Job Corps decision making and continuous
improvement
The contractor will provide Job Corps with two FTEs who are skilled
in data analysis, programming, statistical analysis, and data
manipulation. These two positions will provide Job Corps with
on-going analysis related to the major program changes underway as
Job Corps restructures to meet WIA requirements.
Due Date and Deliverable: Two Staff will be hired and office space
and equipment will be furnished by the contractor within 120 days
from the award of the contract.
AREA III. TECHNICAL ASSISTANCE AND TRAINING
This area consist of two critical components: 1) assessing the needs
of the Job Corps community related to assistance that is necessary
to be successful in implementing any structural changes as they
relate to the activities associated with Area I and II; 2)
developing the necessary vehicles to ensure the Job Corps community
has access to different modes of assistance and training.
Milestone 1: Assessing the needs of the Job Corps community
The contractor will participate in FMT meetings, Center Director
meetings, and regional meetings to gather information related to the
training needs of the field. As Job Corps changes its approach to
service delivery in the area of OA and continuous improvement, we
must ensure for the field that there will be assistance available to
help make the transition successful.
Deliverable and Due Date: The contractor will be available to attend
meetings and develop other modes of collecting information from the
field. The contractor will submit a plan for conducting a needs
assessment within 6 months from the award of this contract.
Milestone 2: Developing a complement of modes of providing
technical assistance
The contractor will submit a plan for several types of technical
assistance for the field. The plan should consider input from the
needs assessment. Some ideas might include but are not limited to
CDS, best practice guides, 1-800 help lines, etc. The plan is due
45 days after the needs assessment is completed.
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RFP-DCS-00-15 8(a) Section C
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RFP-DCS-00-15 8(a) Section D
SECTION D - PACKAGING AND MARKING
[For this Solicitation, there are NO clauses in this Section]
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RFP-DCS-00-15 8(a) 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
52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984
(SHORT FORM)
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RFP-DCS-00-15 8(a) 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)
^w
F.2 PERIOD OF PERFORMANCE
The period of performance under this contract will be twelve (12)
months from the date of execution of the contract by the Government
plus four (4) 1-year options at the discretion of the Government.
F.3 LEVEL OF EFFORT
The level of effort for this solicitation is between 25 and 26
professional person years. The level of effort for each option
period is equal to the base year plus inflation. The inflation rate
will be determined by the Bureau of Labor Statistics.
F.4 DELIVERABLES AND DELIVERY SCHEDULE
The contractor shall submit the following reports and products, at
the time and in the number states, to the Government Authorized
Representative (GAR) designated in the contract. If requested to do
so by the GAR, the contractor shall present an oral briefing on any
report submitted under any item below.
1. Area I, Milestone 1, Task 1: Develop a strategy for obtaining
input and insight into the existing OA process and method of
operation within 90 days from the date of contract award. Produce a
national comprehensive analysis of the existing OA process including
the aforementioned information and interview information obtained
from field practicians. This analysis is due within 180 days from
the contract award.
2. Area I, Milestone 2, Task 1: 1) the conduct of an initial and
subsequent TWG meeting comprised of Job Corps experts and other
subject matter experts for the purpose of formulating
recommendations to the FMT for structural changes within the OA
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RFP-DCS-00-15 8(a) Section F
component of Job Corps; 2) preliminary meetings will be conducted
with Job Corps Federal Staff to ensure input into process, 3)
meeting logistics and facilitation is provided by the contractor, 4)
additional meetings with other interested parties such as FMT are
required, and 5) meeting summaries and preparation materials are the
responsibility of the contractor. Meetings will conclude within 1
year from the award of the contract.
3. Area I, Milestone 3, Task 1: This draft OA policy and guide for
"best practices" must be developed and out for comment within 60
days from the receipt of the final recommendations from the TWG and
approval from the FMT.
4. Area II, Milestone 1, Task 1: The contractor will have adequate
staff trained and ready to begin the conduct of 6- and 12-month
graduate data collection by way of operating a computer-assisted
telephone survey. The survey will attempt to reach all Job corps
graduates at 6 and 12 months following their initial placement. The
contractor will begin to operate the survey data collection within
30 days from the completion of the survey design and completion of
any interface programming by the JC data center (anticipated date
October, 2000)
5. Area II, Milestone 1, Task 2: The contractor will have staff
trained and in place within 30 days from the time that programming
is completed on the data collection vehicle such as the computer
assisted telephone survey (anticipated date October 2000)
6. Area II, Milestone 1, Task 3: The contract will staff and manage
the initial placement verification for the Office of Job Corps. The
contractor is responsible for ensuring that the validation
information is maintained in a data base and processes are in place
for immediate notification to the appropriate Regional Office
regarding any placements found to be invalid. The operation of this
system must begin within 30 days of the completion of any
programming and final development.
7. Area II, Milestone 2, Task 1: The contractor will conduct
meetings with FMT members and other operations people to assess the
needs of the Job Corps community related to continuous improvement.
The contractor will prepare a plan based on information collected.
The plan will provide Job Corps management with a strategy for using
data for planning program improvements. The meetings will occur
within the first 6 months of the contract award and the plan will be
submitted within 9 months of the contract award.
8. Area II, Milestone 3, Task 1: Two Staff will be hired and office
space and equipment will be furnished by the contractor within 120
days from the award of the contract.
9. Area III, Milestone 1, Task 1: The contractor will be available
to attend meetings and develop other modes of collecting information
from the field. The contractor will submit a plan for conducting a
needs assessment within 6 months from the award of this contract.
10. Area III, Milestone 2, Task 1: The plan is due 45 days after
the needs assessment is completed.
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RFP-DCS-00-15 8(a) Section F
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RFP-DCS-00-15 8(a) 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
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RFP-DCS-00-15 8(a) 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.
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RFP-DCS-00-15 8(a) 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
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RFP-DCS-00-15 8(a) Section G
procedures, notification of such change and the required information
specified above must be received by the appropriate Government
official 30 days prior to the date such change is to become
effective.
E. The documents furnishing the information required in paragraphs
B and C above must be dated and contain the signature, title, and
telephone number of the Contractor official authorized to provide
it, as well as the Contractor's name and contract number.
F. Contractor failure to properly designate a financial institution
or to provide appropriate payee bank account information may delay
payments of amounts otherwise properly due.
G. The Contractor shall forward the information required above to:
U.S. Department of Labor, ETA
Division of Accounting, Room N-4702
200 Constitution Avenue, NW
Washington, DC 20210
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RFP-DCS-00-15 8(a) 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.
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RFP-DCS-00-15 8(a) 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.
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RFP-DCS-00-15 8(a) 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.
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RFP-DCS-00-15 8(a) 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:
TBD -
-
-
-
-
-
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RFP-DCS-00-15 8(a) 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.
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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.
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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.
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RFP-DCS-00-15 8(a) 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 Longshoremen 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:
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RFP-DCS-00-15 8(a) 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 S-4203
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.
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RFP-DCS-00-15 8(a) 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
4 $.00 $.00 $.00
The total duration of this contract, including the exercise of any
options under this clause, shall not exceed 5 years.
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RFP-DCS-00-15 8(a) 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
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RFP-DCS-00-15 8(a) 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
Billing Overhead
Provisional Base:
Final (And, if applicable)
See Attached Agreement General and Admin.
Other (Explain) Base:
Effective from to or if multi-year, please explain here:
BLOCK 2
(For special indirect cost ceilings)
Special percent ceiling is % for (usually overhead) and if
applicable, % for General and Administrative. Base:
OR
Special dollar ceiling is $ for (usually overhead) and if
applicable, $ for General and Administrative. Base:
Effective from to or if multi-year, please explain here:
If applicable for ceilings, please describe here any situation
whereby the bases in Block 2 above differ from the bases in Block 1
above. Also, the maximum reimbursement for indirect costs under
this contract will be based on the lower of the negotiated rates or
ceilings.
If the Department of Labor (DOL) is your cognizant agency, proposals
for indirect cost rates and supporting data and documentation should
be sent to the DCD Negotiator in the appropriate DOL Regional Office
or if applicable, to the DCD National Office whose address and phone
number is listed below. In addition, if you do not know your
cognizant Federal agency, please call the phone number listed below:
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RFP-DCS-00-15 8(a) Section H
Director, Division of Cost Determination (DCD)
U.S. Department of Labor, OASAM
200 Constitution Avenue, N.W., Room S-5520
Washington, D.C. 20210
Tel. (202) 219-8391
(End of Clause)
H.27 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL
YEAR (APR 1984)
Funds are not presently available for performance under this
contract beyond June 30, 2000. The Government's obligation for
performance of this contract beyond that date is contingent upon the
availability of appropriated funds from which payment for contract
purposes can be made. No legal liability on the part of the
Government for any payment may arise for performance under this
contract beyond June 30, 2000, until funds are made available to the
Contracting Officer for performance and until the Contractor
receives notice of availability, to be confirmed in writing by the
Contracting Officer. The amount of funds which can be expended on
the contract by June 30, 2000, shall not exceed TBD.
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RFP-DCS-00-15 8(a) 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
52.222-1 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
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RFP-DCS-00-15 8(a) 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
ALTERNATE I (APR 1984)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996
AND COPYRIGHT INFRINGEMENT
52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997
CONTRACTOR (SHORT FORM)
52.227-14 RIGHTS IN DATA--GENERAL JUN 1987
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996
52.232-17 INTEREST JUN 1996
52.232-18 AVAILABILITY OF FUNDS APR 1984
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 V (APR 1984)
52.244-2 SUBCONTRACTS AUG 1998
ALTERNATE II (AUG 1998)
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996
52.246-23 LIMITATION OF LIABILITY FEB 1997
52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997
52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996
52.249-14 EXCUSABLE DELAYS APR 1984
52.253-1 COMPUTER GENERATED FORMS JAN 1991
I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services
within the limits and at the rates specified in the contract. These
rates may be adjusted only as a result of revisions to prevailing
labor rates provided by the Secretary of Labor. The option
provision may be exercised more than once, but the total extension
of performance hereunder shall not exceed 6 months. The Contracting
Officer may exercise the option by written notice to the Contractor
within 60 days.
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RFP-DCS-00-15 8(a) Section I
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT
(NOV 1999)
(a) The Government may extend the term of this contract by written
notice to the Contractor within 60 days; provided that the
Government gives the Contractor a preliminary written notice of its
intent to extend at least 60 days days before the contract expires.
The preliminary notice does not commit the Government to an
extension.
(b) If the Government exercises this option, the extended contract
shall be considered to include this option provision.
(c) The total duration of this contract, including the exercise of
any options under this clause, shall not exceed 5 years.
I.4 52.219-17 SECTION 8(a) AWARD (DEC 1996)
(a) By execution of a contract, the Small Business Administration
(SBA) agrees to the following:
(1) To furnish the supplies or services set forth in the
contract according to the specifications and the terms and
conditions by subcontracting with the Offeror who has been
determined an eligible concern pursuant to the provisions of section
8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(2) Except for novation agreements and advance payments,
delegates to the Department of Labor the responsibility for
administering the contract with complete authority to take any
action on behalf of the Government under the terms and conditions of
the contract; provided, however that the contracting agency shall
give advance notice to the SBA before it issues a final notice
terminating the right of the subcontractor to proceed with further
performance, either in whole or in part, under the contract.
(3) That payments to be made under the contract will be made
directly to the subcontractor by the contracting activity.
(4) To notify the Department of Labor Contracting Officer
immediately upon notification by the subcontractor that the owner or
owners upon whom 8(a) eligibility was based plan to relinquish
ownership or control of the concern.
(5) That the subcontractor awarded a subcontract hereunder shall
have the right of appeal from decisions of the cognizant Contracting
Officer under the "Disputes" clause of the subcontract.
(b) The offeror/subcontractor agrees and acknowledges that it
will, for and on behalf of the SBA, fulfill and perform all of the
requirements of the contract.
(c) The offeror/subcontractor agrees that it will not subcontract
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RFP-DCS-00-15 8(a) Section I
the performance of any of the requirements of this subcontract to
any lower tier subcontractor without the prior written approval of
the SBA and the cognizant Contracting Officer of the Department of
Labor.
I.5 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)
CONCERNS--ALTERNATE III (XXX 1999)
Substitute the following for the paragraph (c) in FAR 52.219-18:
(c) Any award resulting from this solicitation will be made
directly by the contracting officer to the successful 8(a) offeror
selected through the evaluation criteria set forth in this
solicitation.
I.6 52.232-25 PROMPT PAYMENT (JUN 1997)
Notwithstanding any other payment clause in this contract, the
Government will make invoice payments and contract financing
payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is
dated or the date of an electronic funds transfer. Definitions of
pertinent terms are set forth in section 32.902 of the Federal
Acquisition Regulation. All days referred to in this clause are
calendar days, unless otherwise specified. (However, see
subparagraph (a)(4) of this clause concerning payments due on
Saturdays, Sundays, and legal holidays.)
(a) Invoice payments
(1) Due Date. 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.
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RFP-DCS-00-15 8(a) Section I
(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)(2)(i) through (a)(2)(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 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)(2)(i) through (a)(2)(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.
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RFP-DCS-00-15 8(a) Section I
(i) A proper invoice was received by the designated billing
office.
(ii) A receiving report or other Government documentation
authorizing payment was processed, and there was no disagreement
over quantity, quality, or Contractor compliance with any contract
term or condition.
(iii) In the case of a final invoice for any balance of funds
due the Contractor for supplies delivered or services performed, the
amount was not subject to further contract settlement actions
between the Government and the Contractor.
(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:
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RFP-DCS-00-15 8(a) Section I
(A) The period taken to notify the Contractor of defects in
invoices submitted to the Government, but this may not exceed 7 days
(3 days for meat, meat food products, or fish; 5 days for perishable
agricultural commodities, dairy products, edible fats or oils, and
food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission
of the corrected invoice by the Contractor.
(C) For incorrect electronic funds transfer (EFT)
information, in accordance with the EFT clause of this contract.
(iii) Interest penalties will not continue to accrue after the
filing of a claim for such penalties under the clause at 52.233-1,
Disputes, or for more than 1 year. Interest penalties of less than
$1 need not be paid.
(iv) Interest penalties are not required on payment delays due
to disagreement between the Government and the Contractor over the
payment amount or other issues involving contract compliance or on
amounts temporarily withheld or retained in accordance with the
terms of the contract. Claims involving disputes, and any interest
that may be payable, will be resolved in accordance with the clause
at 52.233-1, Disputes.
(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)(4) 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)(6)(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;
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(2) Attach a copy of the invoice on which the unpaid late
payment interest was due; and
(3) State that payment of the principal has been received,
including the date of receipt.
(B) Demands must be postmarked on or before the 40th day
after payment was made, except that--
(1) If the postmark is illegible or nonexistent, the
demand must have been received and annotated with the date of
receipt by the designated payment office on or before the 40th day
after payment was made; or
(2) If the postmark is illegible or nonexistent and the
designated payment office fails to make the required annotation, the
demand's validity will be determined by the date the Contractor has
placed on the demand; provided such date is no later than the 40th
day after payment was made.
(iii)(A) The additional penalty shall be equal to 100 percent of
any original late payment interest penalty, except--
(1) The additional penalty shall not exceed $5,000;
(2) The additional penalty shall never be less than $25; and
(3) No additional penalty is owed if the amount of the
underlying interest penalty is less than $1.
(B) If the interest penalty ceases to accrue in accordance
with the limits stated in paragraph (a)(4)(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)(6)(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
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RFP-DCS-00-15 8(a) Section I
the TBD day after receipt of a proper contract financing request by
the designated billing office. In the event that an audit or other
review of a specific financing request is required to ensure
compliance with the terms and conditions of the contract, the
designated payment office is not compelled to make payment by the
due date specified.
(2) Due dates for other contract financing. For advance
payments, loans, or other arrangements that do not involve recurring
submissions of contract financing requests, payment shall be made in
accordance with the corresponding contract terms or as directed by
the Contracting Officer.
(3) Interest penalty not applicable. Contract financing payments
shall not be assessed an interest penalty for payment delays.
(c) Fast payment procedure due dates. If this contract contains
the clause at 52.213-1, Fast Payment Procedure, payments will be
made within 15 days after the date of receipt of the invoice.
I.7 52.243-7 NOTIFICATION OF CHANGES (APR 1984)
(a) Definitions. "Contracting Officer," as used in this clause,
does not include any representative of the Contracting Officer.
"Specificially Authorized Representative (SAR)," as used in this
clause, means any person the Contracting Officer has so designated
by written notice (a copy of which shall be provided to the
Contractor) which shall refer to this subparagraph and shall be
issued to the designated representative before the SAR exercises
such authority.
(b) Notice. The primary purpose of this clause is to obtain
prompt reporting of Government conduct that the Contractor considers
to constitute a change to this contract. Except for changes
identified as such in writing and signed by the Contracting Officer,
the Contractor shall notify the Administrative Contracting Officer
in writing promptly, within 10 calendar days from the date that the
Contractor identifies any Government conduct (including actions,
inactions, and written or oral communications) that the Contractor
regards as a change to the contract terms and conditions. On the
basis of the most accurate information available to the Contractor,
the notice shall state--
(1) The date, nature, and circumstances of the conduct regarded
as a change;
(2) The name, function, and activity of each Government
individual and Contractor official or employee involved in or
knowledgeable about such conduct;
(3) The identification of any documents and the substance of any
oral communication involved in such conduct;
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RFP-DCS-00-15 8(a) Section I
(4) In the instance of alleged acceleration of scheduled
performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which
the Contractor may seek an equitable adjustment under this clause,
including--
(i) What contract line items have been or may be affected by
the alleged change;
(ii) What labor or materials or both have been or may be
added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in
the manner and sequence of performance and effect on continued
performance have been or may be caused by the alleged change;
(iv) What adjustments to contract price, delivery schedule,
and other provisions affected by the alleged change are estimated;
and
(6) The Contractor's estimate of the time by which the
Government must respond to the Contractor's notice to minimize cost,
delay or disruption of performance.
(c) Continued performance. Following submission of the notice
required by (b) above, the Contractor shall diligently continue
performance of this contract to the maximum extent possible in
accordance with its terms and conditions as construed by the
Contractor, unless the notice reports a direction of the Contracting
Officer or a communication from a SAR of the Contracting Officer, in
either of which events the Contractor shall continue performance;
provided, however, that if the Contractor regards the direction or
communication as a change as described in (b) above, notice shall be
given in the manner provided. All directions, communications,
interpretations, orders and similar actions of the SA shall be
reduced to writing promptly and copies furnished to the Contractor
and to the Contracting Officer. The Contracting Officer shall
promptly countermand any action which exceeds the authority of the
SAR.
(d) Government response. The Contracting Officer shall promptly,
within 10 calendar days after receipt of notice, respond to the
notice in writing. In responding, the Contracting Officer shall
either--
(1) Confirm that the conduct of which the Contractor gave notice
constitutes a change and when necessary direct the mode of further
performance;
(2) Countermand any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave notice
constitutes a change and when necessary direct the mode of further
performance; or
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RFP-DCS-00-15 8(a) Section I
(4) In the event the Contractor's notice information is
inadequate to make a decision under (1), (2), or (3) above, advise
the Contractor what additional information is required, and
establish the date by which it should be furnished and the date
thereafter by which the Government will respond.
(e) Equitable adjustments. (1) If the Contracting Officer
confirms that Government conduct effected a change as alleged by the
Contractor, and the conduct causes an increase or decrease in the
Contractor's cost of, or the time required for, performance of any
part of the work under this contract, whether changed or not changed
by such conduct, an equitable adjustment shall be made--
(i) In the contract price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be
affected.
(2) The contract shall be modified in writing accordingly. In
the case of drawings, designs or specifications which are defective
and for which the Government is responsible, the equitable
adjustment shall include the cost and time extension for delay
reasonably incurred by the Contractor in attempting to comply with
the defective drawings, designs or specifications before the
Contractor identified, or reasonably should have identified, such
defect. When the cost of property made obsolete or excess as a
result of a change confirmed by the Contracting Officer under this
clause is included in the equitable adjustment, the Contracting
Officer shall have the right to prescribe the manner of disposition
of the property. The equitable adjustment shall not include
increased costs or time extensions for delay resulting from the
Contractor's failure to provide notice or to continue performance as
provided, respectively, in (b) and (c) above.
I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed
electronically at this/these address(es):
www.gsa.gov, www.arnet.gov/far/
I-11
RFP-DCS-00-15 8(a) 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, (1 PAGE)
J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES)
J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES)
J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE)
J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2
(1 PAGE)
J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,
OMB 1293-0005 (3 PAGES)
J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES)
J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES)
J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES)
J-1
RFP-DCS-00-15 8(a) 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
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RFP-DCS-00-15 8(a) 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----------------------------------------------------------------
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RFP-DCS-00-15 8(a) Section K
----
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(MAR 1996)
(a)(1) The Offeror certifies, to the best of its knowledge and
belief, that -
(i) The Offeror and/or any of its Principals -
(A) Are [ ] are not [ ] presently debarred, suspended,
proposed for debarment, or declared ineligible for the award of
contracts by any Federal agency;
(B) Have [ ] have not [ ], within a 3-year period
preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, state, or local) contract or
subcontract; violation of Federal or state antitrust statutes
relating to the submission of offers; or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
making false statements, tax evasion or receiving stolen property;
and
(C) Are [ ] are not [ ] presently indicted for, or
otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in subdivision
(a)(1)(i)(B) of this provision.
(ii) The Offeror has [ ] has not [ ], within a 3-year period
preceding this offer, had one or more contracts terminated for
default by any Federal agency.
(2) "Principals," for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary,
division, or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN
AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS,
OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO
PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the
Offeror learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of
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RFP-DCS-00-15 8(a) Section K
this provision exists will not necessarily result in withholding of
an award under this solicitation. However, the certification will
be considered in connection with a determination of the Offeror's
responsibility. Failure of the Offeror to furnish a certification
or provide such additional information as requested by the
Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render, in
good faith, the certification required by paragraph (a) of this
provision. The knowledge and information of an Offeror is not
required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a
material representation of fact upon which reliance was placed when
making award. If it is later determined that the Offeror knowingly
rendered an erroneous certification, in addition to other remedies
available to the Government, the Contracting Officer may terminate
the contract resulting from this solicitation for default.
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
(a) The offeror or respondent, in the performance of any contract
resulting from this solicitation, [ ] intends, [ ] does not
intend [check applicable block] to use one or more plants or
facilities located at a different address from the address of the
offeror or respondent as indicated in this proposal or response to
request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a)
of this provision, it shall insert in the following spaces the
required information:
------------------------------------------------------------------------
Place of performance (street | Name and address of owner and
(street address, city, state, | operator of the plant or facility
county, code) | if other than offeror or respondent
------------------------------------------------------------------------
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
------------------------------------------------------------------------
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RFP-DCS-00-15 8(a) Section K
K.5 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 [average
annual receipts for 3 preceding fiscal yrs].
(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.
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RFP-DCS-00-15 8(a) Section K
(2) Under 15 U.S.C. 645(d), any person who misrepresents a
firm's status as a small, small disadvantaged, or women-owned small
business concern in order to obtain a contract to be awarded under
the preference programs established pursuant to section 8(a), 8(d),
9, or 15 of the Small Business Act or any other provision of Federal
law that specifically references section 8(d) for a definition of
program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including
suspension and debarment; and
(iii) Be ineligible for participation in programs conducted
under the authority of the Act.
K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
(FEB 1999)
The offeror represents that--
(a) It [ ] has, [ ] has not participated in a previous contract or
subcontract subject to the Equal Opportunity clause of this
solicitation; the clause originally contained in Section 310 of
Executive Order No. 10925, or the clause contained in Section 201 of
Executive Order No. 11114;
(b) It [ ] has, [ ] has not filed all required compliance reports;
and
(c) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.
K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that--
(a) It [ ] has developed and has on file, [ ] has not developed
and does not have on file, at each establishment, affirmative action
programs required by the rules and regulations of the Secretary of
Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had
contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.
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RFP-DCS-00-15 8(a) Section K
K.8 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)
The Offeror certifies that--
(a) Any facility to be used in the performance of this proposed
contract is [ ], is not [ ] listed on the Environmental Protection
Agency (EPA) List of Violating Facilities;
(b) The Offeror will immediately notify the Contracting Officer,
before award, of the receipt of any communication from the
Administrator, or a designee, of the EPA, indicating that any
facility that the Offeror proposes to use for the performance of the
contract is under consideration to be listed on the (EPA) List of
Violating Facilities; and
(c) The Offeror will include a certification substantially the
same as this certification, including this paragraph (c), in every
nonexempt subcontract.
K.9 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND
RESTRICTED COMPUTER SOFTWARE (MAY 1999)
(a) This solicitation sets forth the work to be performed if a
contract award results, and the Government's known delivery
requirements for data (as defined in FAR 27.401). Any resulting
contract may also provide the Government the option to order
additional data under the Additional Data Requirements clause at
52.227-16 of the FAR, if included in the contract. Any data
delivered under the resulting contract will be subject to the Rights
in Data--General clause at 52.227-14 that is to be included in this
contract. Under the latter clause, a Contractor may withhold from
delivery data that qualify as limited rights data or restricted
computer software, and deliver form, fit, and function data in lieu
thereof. The latter clause also may be used with its Alternates II
and/or III to obtain delivery of limited rights data or restricted
computer software, marked with limited rights or restricted rights
notices, as appropriate. In addition, use of Alternate V with this
latter clause provides the Government the right to inspect such data
at the Contractor's facility.
(b) As an aid in determining the Government's need to include
Alternate II or Alternate III in the clause at 52.227-14, Rights in
Data--General, the offeror shall complete paragraph (c) of this
provision to either state that none of the data qualify as limited
rights data or restricted computer software, or identify, to the
extent feasible, which of the data qualifies as limited rights data
or restricted computer software. Any identification of limited
rights data or restricted computer software in the offeror's
response is not determinative of the status of such data should a
contract be awarded to the offeror.
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RFP-DCS-00-15 8(a) Section K
(c) The offeror has reviewed the requirements for the delivery of
data or software and states [offeror check appropriate block]--
[ ] None of the data proposed for fulfilling such requirements
qualifies as limited rights data or restricted computer software.
[ ] Data proposed for fulfilling such requirements qualify as
limited rights data or restricted computer software and are
identified as follows:
___________________________________________________________________
___
___________________________________________________________________
___
___________________________________________________________________
___
Note: "Limited rights data" and "Restricted computer software"
are defined in the contract clause entitled "Rights in
Data--General."
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RFP-DCS-00-15 8(a) 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-00-15 8(a) 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
52.215-1 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 52.204-6 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.
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(6) Date the company was started.
(7) Number of people employed by the company.
(8) Company affiliation.
(c) Offerors located outside the United States may obtain the
location and phone number of the local Dun and Bradstreet
Information Services office from the Internet home page at
http://www.customerservice@dnb.com/. If an offeror is unable to
locate a local service center, it may send an e-mail to Dun and
Bradstreet at globalinfo@mail.dnb.com.
L.3 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a CPFF contract
resulting from this solicitation.
L.4 52.227-6 ROYALTY INFORMATION (APR 1984)
(a) Cost or charges for royalties. When the response to this
solicitation contains costs or charges for royalties totaling more
than $250, the following information shall be included in the
response relating to each separate item of royalty or license fee:
(1) Name and address of licensor.
(2) Date of license agreement.
(3) Patent numbers, patent application serial numbers,
or other basis on which the royalty is payable.
(4) Brief description, including any part or model
numbers of each contract item or component on which
the royalty is payable.
(5) Percentage or dollar rate of royalty per unit.
(6) Unit price of contract item.
(7) Number of units.
(8) Total dollar amount of royalties.
(b) Copies of current licenses. In addition, if specifically
requested by the Contracting Officer before execution of the
contract, the offeror shall furnish a copy of the current license
agreement and an identification of applicable claims of specific
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patents.
L.5 52.233-2 SERVICE OF PROTEST (AUG 1996)
(a) Protests, as defined in section 33.101 of the Federal
Acquisition Regulation, that are filed directly with an agency, and
copies of any protests that are filed with the General Accounting
Office (GAO), shall be served on the Contracting Officer (addressed
as follows) by obtaining written and dated acknowledgment of receipt
from:
KEITH A. BOND
Hand-Carried Address:
U.S. Department of Labor, ETA/OGCM
Division of Contract Services
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 S-4203
Washington DC 20210
(b) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.
L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions
by reference, with the same force and effect as if they were given
in full text. Upon request, the Contracting Officer will make their
full text available. The offeror is cautioned that the listed
provisions may include blocks that must be completed by the offeror
and submitted with its quotation or offer. In lieu of submitting the
full text of those provisions, the offeror may identify the
provision by paragraph identifier and provide the appropriate
information with its quotation or offer. Also, the full text of a
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solicitation provision may be accessed electronically at this/these
address(es):
www.gsa.gov, www.arnet.gov/far/
L.7 PAST PERFORMANCE
Offerors shall submit the following information as part of their proposal
for both the offeror and proposed major subcontractors:
A. A list of all "relevant" contracts and subcontracts completed during
the past three (3) years and all contracts and subcontracts currently in
process. The reference should be on project/work similar in nature.
Contracts listed may include those entered into by the Federal Government,
agencies of state and local governments and commercial customers.
Offerors that are newly formed entities without prior contracts should
list contracts and subcontracts as required above for all key personnel.
Include the following information for each contract and subcontract:
1. Name of contracting activity
2. contract number
3. Contract type
4. total contract value
5. contract work
6. contracting officer and telephone
7. program manager and telephone
8. administrative contracting officer, if different from #6
and telephone number
9. list of major subcontractors
B. The offeror may provide information on problems encountered on the
contract and subcontracts identified in A above and corrective actions
taken to resolve those problems. Offerors should not provide general
information of their performance on the identified contracts. General
performance information will be obtained from the references.
C. The offeror may describe any quality of awards or certifications that
indicate the offeror possess a high quality process for developing and
producing the product or service required. Identify what segment of the
company (one division or the entire company) that received the award or
certification. Describe when the award or certification was bestowed. If
the award or certification is over three years old, present evidence that
the qualifications still apply.
D. Each offeror will be evaluated on his/her performance under existing
and prior contracts for similar products or services. Performance
information will be used for both responsibility determinations and as an
evaluation factor against which offerors' relative rankings will be
compared to assure best value to the Government. The Government will
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focus on information that demonstrates quality of performance relative to
the size and complexity of the procurement under consideration. The
contractor's reference questionnaire form identified in Section J.8 will
be used to collect this information. References other than those
identified by the offeror may be contacted by the Government with the
information received used in the evaluation of the offeror's past
performance. The Government also reserves the right to decide not to
contact all of the references provided by the offeror. Names of
individuals providing reference information about an offeror's past
performance shall not be disclosed.
L.8 ORAL PRESENTATION SECTION
After the receipt of offers (proposals) by the Government, every eligible
offeror must make an oral presentation to the Government's evaluation
panel and participate in a question and answer session. The sole purpose
of the oral presentation and question and answer session is to test an
offeror's understanding of the work that the Government will require under
the prospective contract.
The oral presentation and the question and answer session are not part of
the offer and are not themselves offers. The oral presentation and the
question and answer session will not constitute discussions, as defined by
FAR Part 15, and will not obligate the Government to determine a
competitive range, conduct discussions, or solicit to entertain revised or
final offers.
Statements made by the offeror during the oral presentation or the
question and answer session will not become a part of any contract
resulting from this RFP, unless the Government and the offeror agree to
make it part of an offer during discussions. If the Government decides to
conduct discussions the Government will not solicit or entertain revisions
to the oral presentations or to the answers given during the question and
answer session.
1. Schedule for presentation: Oral presentations will commence
approximately three weeks after the receipt of proposals. The Contract
Specialist will notify offerors of the scheduled date and time of their
presentation within two weeks of the receipt of offers. The order in
which offerors will make presentations will be determined by drawing lots
by the Contract Specialist. Once notified of their scheduled presentation
date and time, offerors shall complete their presentations on the
scheduled date and time. Requests from offerors to reschedule their
presentations will be entertained only in emergency situations. The
Government reserves the right to reschedule an offeror's oral presentation
at the discretion of the Contract Specialist.
2. Form of presentation: Offerors will make their oral presentations in
person, at the Department of Labor/ETA, 200 Constitution Ave., NW,
Washington, D.C., to the Technical Evaluation Panel, Contract Specialist,
and other representatives of the Government. Submission of videotapes or
other forms of media containing the presentation for evaluation are not
authorized.
3. Time allowed for presentation: Offerors shall receive transparencies
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one half hour prior to the presentation to caucus and prepare for the
actual presentation. Oral presentations, excluding the question and
answer session, will be limited to 90 minutes. The Contract Specialist
will strictly enforce this time limit. Following the oral presentation
there will be a recess of 1 hour. After the recess there will be a one
hour question and answer session.
4. Offeror's presentation team: A maximum of five contractor personnel
(prime and subcontractor) may participate. These individuals/presenters
will attend the oral presentation and the question and answer session and
shall answer questions directed to them. The presentation shall be made
by one or more of the personnel whom the offeror will employ to manage or
supervise contract performance on a full time basis. The Project Manager
who will have full time operational responsibility for contract
performance shall be present and shall, at a minimum, answer questions
directed to him/her during the question and answer session.
Offerors may not use company senior or general managers or consultants to
make any part of the oral presentation. In addition to the maximum of
five individuals who will participate, the offeror may send two
non-participating representatives to observe. Hence a total of seven
contractor personnel will be permitted to attend (only five may
participate) the presentation. No other officers, employees, consultants,
agents, or other representatives of the offeror may attend.
5. Content of presentation: The presentation shall not encompass price or
cost and fee. During the 90 minute oral presentation, the offeror's
presenters must demonstrate the offeror's understanding of the work that
will be required under the prospective contract by addressing the
following topics, in the following order, in accordance with the following
instructions:
(a) Introduction: The offeror should provide some information about
itself as a firm, briefly describing its organization, history, products
and services. (10 minutes)
(b) Work Breakdown: Present an analysis of the statement of work.
Subdivide statement of work tasks [identify selected tasks] into their
constituent activities. Briefly describe each activity and its inputs and
outputs. Briefly describe interrelationships and interdependencies among
the activities. (20 minutes)
(c) Contract Work Schedule: Present a Gantt chart that illustrates the
contract work schedule by [week, month, quarter, or year]. Show the
starting date and ending date of each activity identified in the work
breakdown analysis. Describe the interrelationships and interdependencies
among the tasks. (10 minutes)
(d) Contract Resource Allocations: Describe the types of professional,
administrative, clerical and other labor that will be required to perform
the contract work. Briefly describe each classification of professional
and blue collar labor, including position title(s) and grades,
journey-person level qualification requirements, typical journey-person
level duties and responsibilities. Describe the total number of hours of
each of these professional and blue collar labor classifications that will
be allocated to each of the activities identified in the work breakdown
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RFP-DCS-00-15 8(a) Section L
analysis from start to finish. Also identify the types and hours of
administrative and clerical labor that will be required for each activity.
(10 minutes)
(e) Performance Risk Analysis: Identify contingent events that could, if
they were to occur, endanger satisfactory performance. Focus on critical
events that are realistically likely to occur and that would pose serious
problems. (Do not try to identify every event that could cause some minor
difficulty.) Briefly describe the nature of each such event, each work
activity with which it is associated, the estimated likelihood of its
occurrence, its likely effect on performance if it were to occur, its
likely causes, and plans to prevent its occurrence and to respond in the
event that it does occur. (20 minutes)
(f) Responsibility Assignments: Identify the components of the offeror's
organization that will have primary support responsibility for the
performance of each of the activities identified in the work breakdown
analysis. Include affiliates, subsidiaries, and subcontractors. Also,
identify the individual managers of each such organization. Briefly
describe the qualifications of each such organizational component and
person, including education and training and especially their experience
doing such work. (10 minutes)
(g) Conclusion: The offeror should summarize the main points of its
presentation and state why the Government should select the offeror for
contract award. (10 minutes)
An offeror may address any other topic, as well, within the 90 minute
limit. The Contract Specialist will strictly enforce the 90 minute time
limit.
6. Clarification of oral presentation points: After completion of the
oral presentation, the Government may request clarification of any points
addressed which are unclear and may ask for elaboration by the offeror on
any point which was not supported. Any such interchange between the
offeror and the Government will be for clarification only, and will not
constitute discussions within the meaning of FAR Part 15. The time
required for clarification will not be counted against the offeror's
presentation time limit.
7. Government Personnel:
Contract Specialist and/or Contracting Officer.
Federal Staff to assist in the administration of the presentations.
The Technical Evaluation Panel consisting of (3) individuals with
expertise in employment and training programs administered by the
Department of Labor/ETA.
8. Documentation: The Government will provide blank flip chart paper for
the offeror to use during the presentation caucus time period. An
overhead slide projector will be provided by the Government for offeror
use during the presentation. At the close of the presentation, the
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RFP-DCS-00-15 8(a) Section L
offeror shall provide the Technical Evaluation with a listing of the
names, firms, and position titles of all presenters, along with all flip
charts and/or overhead slides used during the presentation. The
Government will not accept for evaluation any additional documentation
which may or may not have been referenced during the presentation.
Each offeror shall use black and white overhead transparencies (slides) to
document key points of its presentation. The Government will provide one
overhead projector, one flip-chart pad, and marker pens for the offeror's
use during the oral presentation. The offeror may not use or submit any
other media documents. "The offeror shall submit its set of overhead
transparencies and five (5) paper copies to the Government in a sealed
package with its offer" (see L.9). Failure to submit the overhead
transparencies and paper copies by the date established for receipt of
offers will cause the offer to be rejected as non-responsive.
Thirty (30) minutes before the presentation, the Contract Specialist will
give the transparencies to the offeror for its use during the
presentation. The overhead transparencies must be 8.5 by 11 inches. The
legibility and clarity of the transparencies is the responsibility of the
offeror. The transparencies submitted will be considered the offeror's
technical proposal. If there is a discrepancy between any of the
transparencies and what is verbally stated during the presentation, the
information that appears on the transparency will take precedence over
what the presenters say.
There is no limit to the number of overhead transparencies that an offeror
may use during its presentation. However, when evaluating the offeror's
presentation, the Government will consider only the information on the
transparencies that were actually projected during the presentation. The
production and use of an excessive number of slides may be detrimental to
an offeror's interests. The presentations will be audio taped by the
Government.
Offerors should mark slides in accordance with FAR 52.215-1 (e),
Restrictions on Disclosure and Use of Data, as appropriate.
L.9 SUBMISSION OF PROPOSAL
(A) - General Instructions:
Each offeror must submit an offer (proposal) and other written information
and make an oral presentation in strict accordance with these
instructions. When evaluating an offeror, the Government will consider
how well the offeror complied with the letter and spirit of these
instructions. The Government will consider any failure on the part of an
offeror to comply with both the letter and spirit of these instructions to
be an indication of the type of conduct it can expect during contract
performance. Therefore, the Government encourages offerors to contact the
Contracting Officer by telephone, facsimile transmission, e-mail, or mail
in order to request an explanation of any part of these instructions.
Your proposal must be submitted in three (3) separate and distinct parts
as outlined below, consisting of the number of stated copies and
accompanied by the required supportive materials to insure that the
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proposal will be considered responsible to the Request for Proposals.
Part 1 - Original and two (2) signed copies of completed Standard Form 33,
Solicitation, Offer and Award, Original and two (2) signed copies of
Section K, the Representations, Certifications and other Statements of
Offerors and all attachments thereto except those items required in Part 2
and 3 will be submitted as outlined in their respective parts.
Legible copies are acceptable. (All copies shall be ink-signed.)
Part 2 - In accordance with Section L.8, the offeror shall submit, as part
of their offer the following:
(1) A set of overhead transparencies and five (5) paper copies in a sealed
package. These transparencies shall be considered in effect, the
offeror's technical proposal and shall form the basis of the offeror's
Oral Presentation. PLEASE NOTE: The sealed package containing the
transparencies will not be opened until the scheduled date for an
offeror's presentation, in the presence of the Contract Specialist and a
representative of the offeror. Both the transparencies and the Oral
Presentation will be used to evaluate the offeror's Technical Approach.
(See Section M.3(A);
(2) Offerors shall submit an original and three copies of the "Resumes of
Professional Personnel" (See Section M.3(B);
(3) Offerors shall submit three copies of relevant past performance
information (See Section L.8 and M.3(C); and
(4) Offerors shall submit an original and three copies of the Contractor's
Experience with Related Work (See Section M.3(D).
The Technical Proposal shall not make reference to cost or price data so
that an independent technical evaluation may be made on the basis of
technical merit alone. Failure to comply with this requirement will
result in a determination of nonresponsiveness. Proposals specifying less
than one hundred twenty (120) days Government Acceptance may be considered
not acceptable. Any exceptions taken by a proposer to any provisions of
this Request for Proposals or any condition placed upon a proposal may
result in a finding of not acceptable. Only one proposal may be submitted
by each respondent.
Part 3 - A detailed Business Management Proposal as further outlined in
the below instructions and consisting of:
(a) Three (3) copies of Attachment J.2 - Cost and Price Analysis, ETA
8555 (Mar. 1981)
(b) One (1) copy of Attachment J.3 - Statement of Financial Capability,
ETA 8554 (Mar. 1981)
(c) "One (1) each Accounting System Certification which is a statement
certifying that the offeror has an established accounting system with
internal controls adequate to safeguard their assets, insure that funds
are accounted for by cost categories, check the accuracy and reliability
of the accounting data, promote operating efficiency and permit compliance
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with Government requirements and accounting procedures with respect to
Cost Reimbursement types of contracts. The statement shall be executed by
a certified public accountant (CPA), licensed public accountant, a
bona-fide accounting or audit organization such as Defense Contract Audit
Agency (DCAA) or an entity of equivalent status acceptable to the
Government." Failure to include the above stated supportive materials
with your proposal will be a basis for determination of not being
acceptable.
NOTE: Part 1, 2, and 3 should be sealed in separate envelopes and
included in one master package. The RFP number and related Part numbers
outlined above, if applicable, must be shown in the upper left hand corner
of each of the envelopes as well as the master package.
The Government warns offerors that taking exception to any term or
condition of the RFP (including submitting any alternative proposal that
requires a relaxation of a requirement), will make an offer unacceptable,
and the offeror ineligible for award, unless the RFP expressly authorizes
such an exception with regard to that specific term or condition. The
Government will consider any exception to a term or condition of the RFP
that is not expressly authorized by the RFP to be a deficiency, as defined
in FAR Part 15.
An offeror may eliminate a deficiency in its offer only through
discussions, as defined and prescribed in FAR Part 15. However, the
Government intends to award a contract without discussions, as authorized
by FAR Part 15. Therefore, any offeror planning to take exception to a
term or condition of the RFP should consult with the Contracting Officer
prior to submitting an offer, unless the RFP expressly authorizes such an
exception.
Not withstanding its plan to award without discussions, the Government
reserves the right to conduct discussions with offerors in a competitive
range, if necessary, and to permit such offerors to revise their
proposals. The Government also reserves the right to change any terms and
conditions of their RFP by amendment at any time prior to contract award
and to allow offerors to revise their offers accordingly, as authorized by
FAR Part 15.
The offeror shall complete and submit all certifications included in or
attached to this Request for Proposal.
The Cost Analysis (Attachment J.2) and Financial Capability Forms
(Attachment J.3) support information shall be augmented as follows:
Offerors are required to submit cost proposals fully supported by cost and
pricing data adequate to establish the reasonableness of the proposed
costs.
1. Most current published annual balance sheet and profit or loss
statement.
2. The offeror shall furnish a total cost breakdown utilizing the enclosed
cost and price analysis form.
(a) Include the backup data to support the type of labor and estimated
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RFP-DCS-00-15 8(a) Section L
numbers of hours within each category.
(b) Include a breakdown of the amount estimated for travel including
destination, duration, purpose and cost (per diem and transportation).
(c) Include backup data to support the estimated amount of material and
subcontracting (if applicable) including description of materials to be
procured, basis for proposed subcontract, type of subcontract and amounts
proposed.
3. List the names and addresses of any subcontractor* the offeror intends
to use in the performance of a resulting contract. Include the following
information about the subcontract(s).
(a) How subcontractor was selected?
(b) Has the subcontractor submitted a cost proposal?
(c) Will he be able to start performance at the start of the contract
period?
(d) What is the total cost of (each) subcontract?
(e) What services (skills) will the subcontract provide?
(f) What experience do they have in this technical area?
*Also provide the above information for consultants you intend to use in
the performance of a resulting contract.
L.10 REQUEST FOR CLARIFICATION (RFC)
All requests for RFP clarification are due by 5:00 PM Local Time March 2,
2000.
Only electronic submission of requests will be accepted. They shall be
submitted to Mr. James N. Chestnut at jchestnut@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
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 provided to all offerors at the DOLETA
Internet site (HTTP://WWW.DOLETA.GOV).
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RFP-DCS-00-15 8(a) 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 using a two-step
methodology. The first step will involve the evaluation of the
offeror's INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS, PAST
PERFORMANCE, CONTRACTOR'S EXPERIENCE WITH RELATED WORK, AND PRICE,
evaluation factors B, C, D, and E listed below). Based on these
evaluations, a Competitive Range (FAR Part 15) consisting of the
most highly rated proposals will be established.
The second step will involve evaluation of an ORAL PRESENTATION
presented by each of the offerors within the Competitive Range.
Evaluation of oral presentations will consist of the offeror's
TECHNICAL APPROACH (evaluation factor A listed below). Therefore,
each offer should contain the best terms from a cost or price and
technical standpoint
A cost realism analysis will be performed for all technically
acceptable offerors. Contract award will be based on the combined
evaluations of Technical Approach, Individual Staff Experience and
Qualifications, Past Performance, Contractor's Experience With
Related Work, and 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
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RFP-DCS-00-15 8(a) Section M
an evaluation factor will increase with the degree of equality of
the proposals in relation to the remaining evaluation factors.
When the offerors within the competitive range are considered
essentially equal in terms of technical, past performance and other
no-cost factors (if any), or when cost is so significantly high as
to diminish the value of the technical superiority to the
Government, cost may become the determining factor for award. In
summary, cost/no-cost trade offs will be made, and the extent to
which one may be sacrificed for the other if governed only by the
tests of rationality and consistency with the established factors.
Prospective contractors are advised that the selection of a
contractor for contract award is to be made, after a careful
evaluation of the offers (proposals) received, by a panel of
specialists chosen by DOL/ETA. Each panelist will evaluate the
proposals for technical acceptability using a range of scores
assigned to each factor. The factors are presented in the order of
emphasis that they will receive (i.e., Factor A has the greatest
weight, Factor B the second greatest weight, etc.). The scores will
then be averaged to select a contractor for award on the basis of
their proposal being the most advantageous to the Government, price
and other factors considered.
M.3 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE)
A. TECHNICAL APPROACH (35 points)
The Government will evaluate each offeror's technical approach on
the basis of its oral presentation and the responses it gives during
the question and answer session that will follow the oral
presentation. In making this evaluation, the government will
consider an offeror's : (1) knowledge of the content of the work in
terms of constituent activities, their inputs and outputs, and their
interrelationships and interdependencies; (2) recognition of the
appropriate sequence and realistic duration of the work activities;
(3) knowledge of the appropriate types of resources required to
perform the work activities; (4) familiarity with the difficulties ,
uncertainties, and risks associated with the work; and knowledge of
the personnel and subcontractor qualifications necessary to the
performance of the work.
B. INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS (30 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.
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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; have knowledge of the
Job Corps Outreach and Admissions program; have a minimum of (5)
years of Job Corps related experience; 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, coordinate heavy travel requirements, and otherwise
manage the project;
(ii) The experience and qualifications of the proposed Senior
Property Coordinator and the amount of time committed to the
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project. This person shall be a qualified professional capable of
working independently and providing guidance to lower contractor
personnel; have knowledge of the Job Corps Outreach and Admissions
program; have a minimum of (3) years of Job Corps related
experience; be technically qualified to communicate with all levels
of management within the ETA National and Regional Offices;
(iii) The experience and qualifications of all proposed key
personnel and the amount of time committed to the project.
(iv) 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.
(v) 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 (20 Points)
This criterion shall represent up to 20% of the total score of the
proposal. Award may be made from the initial offers without
discussions. However, if discussions are held offerors will be
provided the opportunity to address unfavorable reports of past
performance, if the offeror has not had a previous opportunity to
review the rating. Past Performance shall include evaluating
offerors with no relevant performance history, and shall provide
offerors an opportunity to identify past or current contracts
(Federal, State, and local government and private) for efforts
similar to the Government requirement.
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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
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.
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RFP-DCS-00-15 8(a) Section M
E. PRICE
Cost Realism 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).
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.
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