|
SOLICITATION, OFFER AND AWARD |
| 1. THIS CONTRACT IS A RATED ORDER |
| UNDER DPAS (15 CFR 700) | | | |
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| 3. SOLICITATION NUMBER |
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RFP-DCS-00-19 | |
| 4. TYPE OF SOLICITATION |
| SEALED BID (IFB) |
| NEGOTIATED (RFP)
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| 5. DATE ISSUED |
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March 14, 2000 | |
| 6. REQUISITION/PURCHASE NUMBER |
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00-513/jnc |
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| 7. ISSUED BY
| CODE | |
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U.S. Department of Labor, ETA/OGCM |
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Division of Contract Services |
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200 Constitution Avenue, NW |
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Room S-4203 |
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Washington DC 20210 | |
| 8. ADDRESS OFFER TO (If other than Item 7) |
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| NOTE: In sealed bid solicitations
"offer" and "offeror" mean "bid" and "bidder". |
| SOLICITATION |
| 9. Sealed offers in original and
See Sec. L copies for furnishing the supplies or services in the Schedule will be received at the place specified
in Item 6, or if hand carried, in the depository located in
See L.8 Submission of Proposal until
2:00 PM (Hour) local time
April 17, 2000 (Date) . |
| CAUTION - LATE Submissions, and Withdrawals: See Section L, Provision No.
52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.
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| 10. FOR INFORMATION CALL: |
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| A. NAME |
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James N. Chestnut | |
B. TELEPHONE (NO COLLECT CALLS) | |
| AREA CODE | | |
NUMBER | | |
EXT. |
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202 219-8698 x162
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11. TABLE OF CONTENTS
See Attached Table of Contents |
| (X) | SEC. | DESCRIPTION | PAGE(S) | (X) | SEC. | DESCRIPTION | PAGE(S)
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PART I - THE SCHEDULE |
PART II - CONTRACT CLAUSES |
| | A | SOLICITATION/CONTRACT FORM |
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I | CONTRACT CLAUSES | |
| | B | SUPPLIES OR SERVICES AND PRICES/COSTS |
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. |
| | C | DESCRIPTION/SPECS./WORK STATEMENT | | |
J | LIST OF ATTACHMENTS | |
| | D | PACKAGING AND MARKING | | PART IV - REPRESENTATIONS AND INSTRUCTIONS |
| | E | INSPECTION AND ACCEPTANCE | |
| K | REPRESENTATIONS,
CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS | |
| | F | DELIVERIES OR PERFORMANCE |
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| | G | CONTRACT ADMINISTRATION DATA | |
| L | INSTR., CONDS., AND NOTICES TO OFFERORS | |
| | H | SPECIAL CONTRACT REQUIREMENTS | | | M | EVALUATION FACTORS FOR
AWARD | | |
| OFFER (Must be fully completed by
offeror) |
| NOTE: Item 12 does not apply if the solicitation
includes the provisions at 52.214-16, Minimum bid Acceptance Period. |
| 12. | In compliance with the above, the undersigned agrees, if this offer is accepted within
calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for
receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item,
delivered at the designated point(s), within the time specified in the schedule. | |
| 13. DISCOUNT FOR PROMPT PAYMENT |
| (See Section I, Clause no. 52.232-8) | | | | | |
| 14. | ACKNOWLEDGEMENT OF AMENDMENTS |
| (The offeror acknowledges receipt of amendments
to the SOLICITATION for offerors and related documents numbered and dated: | | AMENDMENT NO. | DATE | AMENDMENT NO. | DATE |
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| 15A. | NAME AND ADDRESS OF
OFFEROR | | |
| 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER |
| (Type or print) |
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15B. TELEPHONE NUMBER
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| 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE | | | |
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| AWARD (To be completed by Government)
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| 19. ACCEPTED AS TO ITEMS NUMBERED |
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| 21. ACCOUNTING AND APPROPRIATION |
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| 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: |
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| 10 U.S.C. 2304(a) (
) | | 41 U.S.C. 252(c) (
) | |
| 23. SUBMIT INVOICES TO ADDRESS SHOWN IN |
| (4 copies unless otherwise specified) |
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| 24. ADMINISTERED BY (If other than Item 7) | CODE | |
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| 25. PAYMENT WILL BE MADE BY | CODE | |
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| 26. NAME OF CONTRACTING OFFICER (Type or print) |
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| 27. UNITED STATES OF AMERICA |
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(Signature of Contracting Officer) | | |
| IMPORTANT - Award will be made on this Form, or on
Standard Form 26, or by other authorized written notice. |
|
STANDARD FORM 33 (REV. 9-97) |
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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 Tasks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
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
52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997. . I-2
CONTRACTOR (SHORT FORM)
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TABLE OF CONTENTS PAGE
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
52.232-20 LIMITATION OF COST 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 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996). . . . . . . I-3
I.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . . I-3
(NOV 1999)
I.5 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987). . . I-3
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
PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . . . K-1
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . . . K-1
OTHER STATEMENTS OF OFFERORS
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . K-1
BY REFERENCE
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991. . K-1
PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
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TABLE OF CONTENTS PAGE
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
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 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-5
L.9 REQUEST FOR CLARIFICATION (RFC) . . . . . . . . . . . . . . . . L-8
SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . M-1
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . M-1
BY REFERENCE
52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984. . M-1
M.2 BASIS FOR AWARD (BEST VALUE). . . . . . . . . . . . . . . . . . M-1
M.3 EVALUATION CRITERIA . . . . . . . . . . . . . . . . . . . . . . M-2
M.4 DETERMINING BEST OVERALL VALUE. . . . . . . . . . . . . . . . . M-5
A-5
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A-6
RFP-DCS-00-19 Section B
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
EVALUATION OF THE JTPA TITLE III INCUMBENT WORKER DEMONSTRATION
FUNDING IN PROGRAM YEAR 1998
The United States Department of Labor, Employment and Training
Administration (ETA) is soliciting proposals to evaluate three
demonstration efforts initiated in Program Year 1998 pursuant to
Section 324 of the Job Training Partnership Act (JTPA).
Solicitation No. is RFP-DCS-00-19.
The period of performance will be 24 months from the date of
execution by the Government plus one (1) option year 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 Set-Aside.
A cost reimbursement plus fixed fee type of contract is contemplated
being awarded under this solicitation.
Closing date and time are April 17, 2000 at 2:00 p.m. local time.
REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00
PM LOCAL TIME MARCH 31, 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-00-19 Section C
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
EVALUATION OF THE JTPA TITLE III INCUMBENT WORKER DEMONSTRATION
FUNDING IN PROGRAM YEAR 1998
C.1 Purpose
The United States Department of Labor, Employment and Training
Administration (ETA) is soliciting proposals to evaluate three
demonstration efforts initiated in Program Year 1998 pursuant to
Section 324 of the Job Training Partnership Act (JTPA). In the
first effort, Incumbent Worker Demonstration grants were given to 13
organizations to test whether training provided to incumbent workers
(those employed in a given firm) would result in employment
retention, upgraded skills, increased firm profitability, and other
positive economic and training capacity effects. The second effort
provided State System Building Demonstration grants to 29 States to
support development of State strategies and operational plans
designed to respond to incumbent worker training needs in their
areas. Grantees in both demonstration efforts vary substantially in
their approach to the demonstration objectives. A third activity
provided for the training of incumbent workers of the Kvaerner
Philadelphia Shipyard established as part of a larger economic
adjustment initiative in the wake of the defense downsizing of the
Philadelphia Shipyard.
Separate evaluations of the three respective demonstration efforts
will be conducted under this solicitation with a final report and
separate policy paper expected that will draw upon common lessons
learned from all three efforts in regard to the training of
incumbent workers and the outcomes on workers and their firms.
Given the particular differences in the three demonstration efforts,
each evaluation will require a separate design including the
demonstration objectives to be assessed, the evaluation methods to
be used, and the extent to which field observations will be
conducted. Each evaluation will, however, be expected to undertake
functionally similar tasks such as pre-design analysis, evaluation
design formation, and other activities as elaborated below.
Acceptable proposals must address all three of the demonstration
efforts described.
C.2 Background
Title III, Section 324(a) of the Job Training Partnership Act
authorizes an amount of not less than 10 percent of the appropriated
funds reserved under Part B to be used for demonstration programs.
It also directs, in paragraph (b), that the Secretary conduct or
provide for an evaluation of the success of each demonstration
program, and prepare and submit a report of the evaluation to
Congress. Pursuant to this legislative mandate, the Department of
Labor has issued this solicitation to evaluate the above referenced
C-1
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RFP-DCS-00-19 Section C
demonstrations funded through JTPA Title III Grants awarded during
Program Year 1998.
C.3 Objectives
The evaluations funded through this solicitation are to provide an
assessment of the success of each project grantee consistent with
its approved grant statement of work and of the three demonstration
efforts as a whole in accordance with each effort's stated purpose,
objectives, and goals (see attachments for the original solicitation
and guidance for the first and second demonstration efforts). For
the Incumbent Worker Demonstration effort involving 13 organizations
providing or arranging to provide incumbent worker training
directly, these goals include:
employment retention/layoff aversion especially of those
most vulnerable to job loss; upgrading skills including basic and
transitional skills; increasing firm/sector/industry profitability;
increasing worker competitiveness/employability;
maintaining/increasing wage levels; job promotions; demonstrated
ability of workforce development system to partner with employers,
training providers, and others to train incumbent workers and to
increase the capacity for such training; gain increased
understanding of return on investment in the context of incumbent
worker training; and increasing employer training capacity and
understanding of incumbent worker training.
Goals for the State System Building Demonstration grants call for
the development of State plans which include the following elements:
the targeting of specific industries/jobs which take into
account associated labor market conditions and training need; and
the development of strategies that incorporate the participation and
collaboration of various stakeholders, the selection of training
providers, and the identification of outcome goals for the Statewide
effort as a whole and the various training projects which will be
subsequently developed;
Goals for the Kvaerner Philadelphia Shipyard training project
include:
worker learning through the use of advanced training
technologies; linking training to industry skill standards;
embedding learning in work systems on-the-job; building public and
private employer organizational cultures that support a wide range
of ongoing learning activities; documenting the impact of a
continuous improvement process on a supplier network workforce;
system-building activities to integrate successful demonstration
strategies with ongoing work force development activities; and
replication of effective training interventions in other industrial
sectors and labor market.
The evaluations also will seek to identify:
successful program strategies and the key factors and
elements contributing to the success of such strategies;
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RFP-DCS-00-19 Section C
any major impediments/constraints to successful
implementation, both with respect to the programmatic/operational
model and the implementation strategy; and
any resulting new and innovative approaches to service
delivery on the basis of performance and customer satisfaction.
C.4 Tasks
The contractor is expected to perform the tasks below in
accomplishing the above objectives. Unless otherwise noted, the
tasks and sub-tasks listed are to be completed for all three
evaluations.
1. Pre-Design Analyses. The contractor will refine, and
further develop, the specific issues the evaluations will address
and their relationships to the demonstration sites based on a review
of grant statements of work, appropriate literature, and discussion
with project grantees, technical assistance contract providers, and
DOL staff familiar with the demonstration.
The analyses shall specifically address the protection of
the rights of the participants/subjects in the respective evaluation
projects as directed in the Federal Policy for the Protection of
Human Subjects. A memorandum describing how the study designs
address each of the requirements of the common policy or a request
for exemption of the projects must be submitted (an example will be
provided by ETA).
2. Evaluation Designs. The designs will detail how the
contractor will address the specific issues identified in the
pre-design analyses. They will include a list of evaluation
questions and hypotheses, a description of the quantitative and
qualitative evaluation methods to be used, and draft data collection
instruments. The evaluation methods used shall include measurements
of changes in outcomes relative to a baseline period prior to the
provision of incumbent worker training in the firms to be studied.
The designs will also include a plan for providing
evaluation-related assistance to the grantees operating the
demonstration sites to ensure uniform, accurate data across sites.
3. Implementation of Evaluation Designs. At a minimum the
offeror will conduct the following activities:
(1) Two on-site reviews of the Philadelphia Shipyard
project and the operation of each of the 13 Incumbent Worker
Demonstration projects at each funded site (since the latter
grantees can have multiple participating employer sites, the
contractor will be expected to use a cost effective approach to
obtain information without actually visiting all such sites);
(2) One on-site review of the operation of 8 of the
29 State System Building Demonstration projects (selections to be
made in consultation with DOL); and
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RFP-DCS-00-19 Section C
(3) Analyses based on field observations,
interviews, project administrative data, and, where applicable,
existing Title III program experience and data. Interviews will
include project operations staff, participants, service providers,
employers, oversight group members, union officials (where
appropriate), substate grantee staff, as well as the designated
demonstration site oversight staff (Grant Officer's Technical
Representatives) and other Federal and non-federal appropriate
personnel.
4. Advisory Panel.
The contractor will select an advisory panel for the
evaluations (one panel for all) whose membership will be approved by
ETA. This panel of four to seven individuals representing key areas
of interest related to the demonstrations will be convened by the
contractor at least twice. First, it will provide initial input and
guidance during the development of the evaluation design. The panel
will be convened a second time to review the evaluation findings and
assist in identifying those findings most significant to the
employment and training community. Proposed names of individuals
for this panel and how they represent key areas of interest for the
demonstrations shall be provided by the offeror in its proposal.
The panel meetings may be convened at a location convenient to the
contractor and the panel members or may be convened through
video-conferencing or teleconference. An honorarium may be proposed
for each panel member's attendance and expertise.
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RFP-DCS-00-19 Section D
SECTION D - PACKAGING AND MARKING
[For this Solicitation, there are NO clauses in this Section]
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RFP-DCS-00-19 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-00-19 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 for this contract will be 24 months from
the date of execution by the government plus one (1) option year at
the discretion of the Government.
F.3 LEVEL OF EFFORT
The level of effort for this solicitation is between 4.5 and 5.5
professional person years. The level of effort for the option
period to between 2.5 and 3.5 professional person years plus
inflation. The inflation rate will be determined by the Bureau of
Labor Statistics.
F.4 DELIVERABLES AND DELIVERY SCHEDULE
The contractor will deliver the following reports at the time and in
the number of copies specified to the Contract Officer's Technical
Representative (COTR) designated by the contract.
1. Monthly Progress Reports in two (2) copies. The first such
report will be due 30 days after the contract beginning date and
subsequent reports will be due monthly thereafter and should be
submitted with the monthly invoices. Reports should address monthly
progress in terms of completing the tasks specified in the Statement
of Work, listing any site visits and noting any findings of note
with which the COTR should be cognizant, identification of problems
encountered by the contractor along with plans for the resolution of
those problems. If necessary, an updated work plan for the
remainder of the contract period should be included.
2. Pre-design Analyses in two (2) copies. The analyses will be
based on a review of:
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RFP-DCS-00-19 Section F
Grant Statements of Work
Appropriate literature
Federal Policy for the Protection of Human Subjects
Notes from discussions with grantees, technical assistance
providers, and DOL staff familiar with the demonstration.
These analysis will be due by the end of the second month of the
period of performance. They will refine, further develop and enlarge
upon the specific issues to be addressed in the evaluations as
initially identified in the contract proposal. In addition, they
shall specifically discuss how the study designs address each of the
requirements of the Federal policy for the Protection of Human
subjects or prepare a request for exemption of the project for
submittal to the appropriate ETA review body.
3. Evaluation Design Report in ten (10) copies. The report, due by
the end of the third month of the period of performance, will refine
the proposed evaluation designs and address the specific issues
identified in the pre-design analyses. It will include data
collection procedures and plans for their implementation, topic
guides for site visits, methodology for determining customer
satisfaction, plans for the analyses to be conducted, and a schedule
of task milestone and report delivery dates for the remainder of the
period of performance. It will also include a plan for providing
evaluation-related assistance to the grantees operating the
demonstration sites to ensure uniform, accurate data across sites.
4. Interim Report in twenty-five (25) copies. At approximately the
mid-point of the period of performance, the contractor will submit
an interim report on the demonstration project evaluation. Prior to
this report, at least one site visit shall have been made to the
Philadelphia Shipyard and one to each grantee for the Incumbent
Worker Demonstration projects. In addition, the report also will be
based on visits to at least half of those planned for the State
System Building Demonstrations. The interim report will describe
the progress made by the projects in their early implementation
phases in terms of the problems encountered and lessons learned.
The report will also describe plans for the remainder of the
demonstration project evaluation and final report. Five copies of a
draft of the interim report will be submitted thirty (30) days
before the interim report is due.
5. Final Report in twenty-five (25) copies. A concise well-written
report providing separate coverage of each of the three evaluations
along with a summary of findings addressing cross- cutting incumbent
worker training issues generally will be due at the end of the
period of performance. It will include quantitative and qualitative
analyses addressing the effectiveness of the demonstrations in
reference to their respective purposes, objectives, and goals and
grantees' approved statements of work. The report will include
individual demonstration site reports encapsulating each project's
primary strategies, approach, operational issues, and program
outcomes along with relevant information, where applicable, from
existing Title III programs.
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RFP-DCS-00-19 Section F
Two brief summaries shall accompany the final report. One shall be
suitable for dissemination to Congress and the Department policy
makers highlighting those evaluation findings relating to project
effectiveness and replicability. The second summary shall be
suitable for dissemination to State and substate Title III program
operators. It shall be limited to a one pager (back and front) and
include the following information: background, key findings, and
recommendations with particular reference to effective and
replicable practices.
Three copies of an outline of the report will be due four months
before the report is due. Ten copies of a draft of the final report
will be due two months before the report is due.
6. Presentations. The contractor shall prepare and present an oral
briefing for DOL staff on the final report. A presentation using
Powerpoint or other commonly available presentation software shall
also be developed to be used for employment and training conference
workshops regarding replicable strategies, lessons learned, and
other conditions necessary for successful replication.
If the evaluation is extended, the contractor will provide monthly
progress reports, a revised design report (if necessary), and
additional interim reports depending on the length of the extension
of the grant's period of performance.
F-3
RFP-DCS-00-19 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-00-19 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-00-19 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-00-19 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-00-19 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-00-19 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-00-19 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-00-19 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-00-19 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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RFP-DCS-00-19 Section H
H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES
(a) No person shall on the ground of race, religion, color,
handicap, national origin, sex, age, political affiliation, or
beliefs be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
funded or otherwise financially assisted, in whole or in part with
funds made available hereunder. (b) In addition, this contract and
any subcontract hereunder is subjected to Title VI of the Civil
Rights Act of 1964 (78 Stat. 252) and the Regulations issued
thereunder and found at 29 CFR 31. The Contractor agrees that any
service, financial aid, or other benefit to be provided by it under
this contract shall be furnished without discrimination because of
race, color, sex, or national origin; and that his employment
practices shall be subject to the same restrictions to ensure
nondiscriminatory treatment of beneficiaries of assistance under the
Act.
H.16 FEDERAL REPORTS
In the event that it subsequently becomes a contractual
requirement to collect or record information calling for answers to
identical questions from 10 or more persons other than Federal
employees, or for information from Federal employees which is to be
used for statistical compilations of general public interest, the
Paperwork Reduction Act of 1980 and 5 CRF 1320 shall apply to this
contract. No plan, questionnaire, interview guide or similar device
for collecting formation (whether repetitive or single-time) may be
used without first obtaining clearance from the Office of Management
and Budget (OMB).
The contractor shall obtain the required OMB clearance through the
Project Officer before expending any funds or making public
contracts for the collection of data. The authority to expend funds
and to proceed with the collection of data shall be issued in
writing by the Contracting Officer.
H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION
The Contractor agrees to maintain the confidentiality of any
information regarding applicants, project participants or their
immediate families which may be obtained through application forms,
interviews, test reports from public agencies or counselors, or any
other source. Without the permission of the applicant or
participant, such information shall be divulged only as necessary
for purposes related to the performance or evaluation of the
contract and to persons having responsibilities under the contract,
including those furnishing services to the projects under
subcontracts.
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RFP-DCS-00-19 Section H
H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK
All written materials issued by the Contractor or grantee shall
conform to the following guidelines for eliminating sexist language
and art work:
(a) Avoid the use of sex reference in job titles. Titles
should conform to the Census Bureau's occupational classification
system and the most recently published edition of the Dictionary of
Occupational Titles.
-- Longshore workers instead of longshoremen.
(b) Avoid the use of male and female gender word forms.
-- Aviator to include men and women pilots, not aviatrix.
(c) Include both sexes by using terms that refer to people as a
whole.
-- Human beings or people instead of mankind.
(d) Avoid the use of masculine and feminine pronouns or
adjectives in referring to a hypothetical person or people in
general. Change sentences such as: The average American worker
spends 2 years of his life in the workforce.
-- By rewording to eliminate unnecessary gender pronouns
and adjectives. (The average American worker spends 20 years in the
workforce.)
-- By recasting into the plural. (Most Americans spend 20
years of their lives in the workforce.)
-- By replacing the masculine or feminine pronoun or
adjective with "one", "you", "he or she", "her or him", or his or
her". (An average American spends 20 years of his or her life in
the workforce.)
(e) Refer to both men and women in such generic terms as
economist, doctor, or lawyer. Identify sex through the use of
pronouns.
-- The lawyer made her final summation.
(f) Avoid the use of stereotyped terms or expressions such as
"man-sized" job.
-- Employee-years and employee-hours (or staff-hours)
instead of man-years and man-hours.
(g) The use of art work in publications should conform to the
following guidelines:
(i) Strive to use racially and sexually balanced designs.
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RFP-DCS-00-19 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-00-19 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-00-19 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
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-00-19 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-00-19 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-00-19 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)
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RFP-DCS-00-19 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-00-19 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
52.232-20 LIMITATION OF COST APR 1984
52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999
CONTRACTOR REGISTRATION
52.233-1 DISPUTES MAR 1994
ALTERNATE I (DEC 1991)
52.233-3 PROTEST AFTER AWARD AUG 1996
ALTERNATE I (JUN 1985)
52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984
52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995
52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997
52.242-13 BANKRUPTCY JUL 1995
52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987
ALTERNATE V (APR 1984)
52.244-2 SUBCONTRACTS AUG 1998
ALTERNATE II (AUG 1998)
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996
52.246-23 LIMITATION OF LIABILITY FEB 1997
52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997
52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996
52.249-14 EXCUSABLE DELAYS APR 1984
52.253-1 COMPUTER GENERATED FORMS JAN 1991
I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services
within the limits and at the rates specified in the contract. These
rates may be adjusted only as a result of revisions to prevailing
labor rates provided by the Secretary of Labor. The option
provision may be exercised more than once, but the total extension
of performance hereunder shall not exceed 6 months. The Contracting
Officer may exercise the option by written notice to the Contractor
within 60 days.
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RFP-DCS-00-19 Section I
I.3 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)
(a) This clause does not apply to the unrestricted portion of a
partial set-aside.
(b) By submission of an offer and execution of a contract, the
Offeror/Contractor agrees that in performance of the contract in the
case of a contract for.
(1) Services (except construction). At least 50 percent of the
cost of contract performance incurred for personnel shall be
expended for employees of the concern.
(2) Supplies (other than procurement from a nonmanufacturer of
such supplies). The concern shall perform work for at least 50
percent of the cost of manufacturing the supplies, not including the
cost of materials.
(3) General construction. The concern will perform at least 15
percent of the cost of the contract, not including the cost of
materials, with its own employees.
(4) Construction by special trade contractors. The concern
will perform at least 25 percent of the cost of the contract, not
including the cost of materials, with its own employees.
I.4 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.5 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)
Except for data contained on pages , it is agreed that as a
condition of award of this contract, and notwithstanding the
conditions of any notice appearing thereon, the Government shall
have unlimited rights (as defined in the "Rights in Data--General"
clause contained in this contract) in and to the technical data
contained in the proposal dated upon which this contract is based.
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RFP-DCS-00-19 Section I
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.
(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.
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RFP-DCS-00-19 Section I
(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.
(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
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RFP-DCS-00-19 Section I
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 noti