Environmental, Health, Safety, and Sanitation Contract





[ X ] Request for Proposal, [ ] Invitation for Bid. Proposals/Bids must be received by the Government no later than the local time on the Due Date stated in the table below. Potential offerors/bidders are asked to complete and submit a proposal/bid intent form. See Section L (Section C if SF 1449 is used) for proposal/bid instructions . ALL AMENDMENTS TO THIS SOLICITATION WILL BE MADE AVAILABLE THROUGH GOVERNMENT HOMEPAGE AT http://www.doleta.gov/sga/rfp.cfm . IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION.





Solicitation Number  RFP-DCS-00-42
Issue Date:  August 23, 2000
Due Date:  September 26, 2000
Time:  2:00pm
Program Office:  OJC
Contracting Officer:  Keith A. Bond
Contract Point:
Phone:
Fax:
E-Mail:
 Vera Montague
 202-21-8698 x141
 202-219-8739
  vmontague@doleta.gov
Set Aside:  






PERTINENT TECHNICAL SECTIONS OF SOLICITATION





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





  Sections B, C, L and M
 
 
 
 













Back to Table of Contents

SOLICITATION, OFFER AND AWARD

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

PAGE OF PAGES

 1|  
2. CONTRACT NUMBER
 
 
 
3. SOLICITATION NUMBER
 
 
 RFP-DCS-00-42
4. TYPE OF SOLICITATION
 
SEALED BID (IFB)
 X
NEGOTIATED (RFP)
5. DATE ISSUED
 
 
 August 23, 2000
6. REQUISITION/PURCHASE NUMBER
 
 00-1349/vrm
 
7. ISSUED BY    CODE
 
 U.S. Department of Labor, ETA/OGCM
 Division of Contract Services
 200 Constitution Avenue, NW
 Room S-4203
 Washington  DC  20210
8. ADDRESS OFFER TO (If other than Item 7)
 
 
 
 
     
NOTE:  In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9.  Sealed offers in original and   See L.8 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 6, or if hand carried, in the depository located in   Item 7 until   2:00pm (Hour) local time   September 26, 2000 (Date) . 
CAUTION - LATE Submissions, and Withdrawals:  See Section L, Provision No. 52.214-7 or 52.215-1.  All Offers are subject to all terms and conditions contained in this solicitation. 
10. FOR INFORMATION CALL:
 
A. NAME
 
 Vera Montague

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS
 
  vmontague@doleta.gov
AREA CODE|

NUMBER

|

EXT.

 

11. TABLE OF CONTENTS   See Attached Table of Contents

(X)SEC.DESCRIPTIONPAGE(S)(X)SEC.DESCRIPTIONPAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

 A SOLICITATION/CONTRACT FORM   

I

 CONTRACT CLAUSES 
 B SUPPLIES OR SERVICES AND PRICES/COSTS  

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

 C DESCRIPTION/SPECS./WORK STATEMENT  

J

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

CODE 

 

FACILITY 

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

15B. TELEPHONE NUMBER

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

NUMBER

|EXT.

 

AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED
 
 
20. AMOUNT
 
 
21. ACCOUNTING AND APPROPRIATION
 
 
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
 
 
 10 U.S.C. 2304(a) (   )
 
 41 U.S.C. 252(c) (   )
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
      (4 copies unless otherwise specified)
 
ITEM
 
 
24. ADMINISTERED BY (If other than Item 7)CODE
 
 U.S. Department of Labor, ETA
 
 200 Constitution Avenue, NW
 Room
 Washington  DC  20210
25. PAYMENT WILL BE MADE BYCODE
 
 U.S. Department of Labor, ETA/OC
 Division of Accounting
 200 Constitution Avenue, NW
 Room C-5325
 Washington  DC  20210
26. NAME OF CONTRACTING OFFICER (Type or print)
 
 
27. UNITED STATES OF AMERICA

 

(Signature of Contracting Officer)

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

STANDARD FORM 33   (REV. 9-97)  

Back to Table of Contents TABLE OF CONTENTS PAGE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS . . . . . . . . . . . . B-1 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK . . . . . . . . C-1 C.1 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . C-1 C.2 PURPOSE AND SCOPE. . . . . . . . . . . . . . . . . . . . . . . C-2 C.3 SPECIFIC REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . C-2 C.4 ADDITIONAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . C-4 C.5 TASKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-4 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . D-1 [For this Solicitation, there are NO clauses in this Section] . . . . D-1 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . E-1 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . E-1 52.246-5 INSPECTION OF APR 1984. . E-1 SERVICES--COST-REIMBURSEMENT SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . F-1 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . F-1 52.242-15 STOP-WORK ORDER AUG 1989. . F-1 ALTERNATE I (APR 1984) F.2 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . F-1 F.3 LEVEL OF EFFORT . . . . . . . . . . . . . . . . . . . . . . . . F-1 F.4 REPORTS/DELIVERABLES. . . . . . . . . . . . . . . . . . . . . F-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 VACATIONS, SICK-LEAVE HOLIDAYS. . . . . . . . . . . . . . . . . H-1 H.3 TRAVEL AND PER DIEM . . . . . . . . . . . . . . . . . . . . . . H-1 H.4 USE OF AND PAYMENT TO CONSULTANTS . . . . . . . . . . . . . . . H-2 H.5 UNEMPLOYMENT INSURANCE COST . . . . . . . . . . . . . . . . . . H-3 H.6 ACCOUNTING AND AUDITING SERVICES. . . . . . . . . . . . . . . . H-3 H.7 PRINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.8 CONTRACT NUMBER IDENTIFICATION. . . . . . . . . . . . . . . . . H-4 H.9 SUBMISSION OF CORRESPONDENCE. . . . . . . . . . . . . . . . . . H-4 H.10 OTHER CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . H-4 H.11 LAWS APPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.12 DISPOSITION OF MATERIAL . . . . . . . . . . . . . . . . . . . . H-5 H.13 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES. . . . . . H-5 H.14 FEDERAL REPORTS . . . . . . . . . . . . . . . . . . . . . . . . H-5 H.15 DISCLOSURE OF CONFIDENTIAL INFORMATION. . . . . . . . . . . . . H-6 H.16 ELIMINATION OF SEXIST LANGUAGE AND ART WORK . . . . . . . . . . H-6 H.17 HAZARDOUS OCCUPATION ORDERS . . . . . . . . . . . . . . . . . . H-7 H.18 DATA COLLECTION FOR THE DEPARTMENT OF LABOR . . . . . . . . . . H-7 H.19 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING. . . . . . . . . . H-7 H.20 PUBLICATION OF MATERIALS. . . . . . . . . . . . . . . . . . . . H-7 H.21 INDIRECT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . H-8

Back to Table of Contents TABLE OF CONTENTS PAGE 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 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS DEC 1998. . I-1 (DEC 1998) 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR OCT 1997. . I-1 POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997. . I-1 52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000. . I-1 52.216-8 FIXED-FEE MAR 1997. . I-1 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE JAN 1999. . I-1 FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996. . I-2 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 1999. . I-2 52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996. . I-2 52.222-3 CONVICT LABOR AUG 1996. . I-2 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999. . I-2 52.222-26 EQUAL OPPORTUNITY FEB 1999. . I-2 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998. . I-2 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 52.223-6 DRUG-FREE WORKPLACE JAN 1997. . I-2 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000. . I-2 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995. . I-2 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996. . I-2 AND COPYRIGHT INFRINGEMENT

Back to Table of Contents 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 52.232-22 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 52.242-13 BANKRUPTCY JUL 1995. . I-2 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987. . I-2 ALTERNATE I (APR 1984) 52.244-2 SUBCONTRACTS AUG 1998. . I-2 ALTERNATE II (AUG 1998) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996. . I-2 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1998. . I-2 COMMERCIAL COMPONENTS 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997. . I-2 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996. . I-2 52.249-14 EXCUSABLE DELAYS APR 1984. . I-2 52.253-1 COMPUTER GENERATED FORMS JAN 1991. . I-2 I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) . . . . . . . . I-2 I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . . I-3 (NOV 1999) I.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-3 I.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996). . . . . . I-3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . . . . J-1 SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . J-1 J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (9 PAGES). . . J-1 J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES) . . . . . . . J-1 J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES). . . . J-1 J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE). . . . . . . . J-1 J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2 . . . . J-1 J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,. . . J-1 J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES) . . . . . . . J-1 J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1 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 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

Back to Table of Contents TABLE OF CONTENTS PAGE K.2 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . K-1 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) K.3 52.215-6 PLACE OF PERFORMANCE (OCT 1997) . . . . . . . . . . . K-2 K.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . K-3 (MAY 1999) K.5 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. . . . . . K-4 (FEB 1999) K.6 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984). . . . . . K-5 K.7 SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . K-6 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 ALTERNATE I (OCT 1997) 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 52.225-10 NOTICE OF BUY AMERICAN ACT--BALANCE OF FEB 2000. . L-1 PAYMENTS PROGRAM REQUIREMENT-- CONSTRUCTION MATERIALS 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED MAR 2000. . L-1 PAYMENTS L.2 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR . . . . . . L-1 INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997) L.3 52.216-1 TYPE OF CONTRACT (APR 1984). . . . . . . . . . . . . L-2 L.4 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . L-2 L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . L-3 REFERENCE (FEB 1998) L.6 PAST PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . L-3 L.7 ORAL PRESENTATION SECTION . . . . . . . . . . . . . . . . . . . L-5 L.8 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-8 L.9 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 M.4 DETERMINING BEST OVERALL VALUE. . . . . . . . . . . . . . . . . M-6

Back to Table of Contents RFP-DCS-00-42 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS SERVICES ORDERED Title: "Environmental Health, Safety, and Sanitation Program" The U.S. Department of Labor, Employment and Training Administration (DOL/ETA) is soliciting proposals to implement and administer a program of management and oversight of the Job Corps environmental, health (wellness) and safety, and sanitation program. Solicitation No. is RFP-DCS-00-42. Period of Performance is 12 months from the date of contract execution by the government plus four 1-year options at the discretion of the government. This solicitation is a 100% Small Business Set-Aside. The Standard Industrialized Code is 8742, with a $5 million size standard. A cost reimbursement type contract is contemplated for this requirement. Closing time and date are September 26, 2000, at 2:00 p.m. local time. The incumbent contractor under this solicitation is Dynamic Technology Systems, Inc. of Alexandria, VA 22311, under Contract Number E-5693-6-00-82-30. The contract was awarded on February 9, 1996, in the amount of $270,303. The total amount awarded under this contract was $1,081,212, inclusive of options. REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00 PM LOCAL TIME September 12, 2000. Only electronic submission of requests will be accepted. They shall be submitted to Ms. Vera R. Montague at vmontague@doleta.gov. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines that the RFC raises an issue of significant importance, the government will respond electronically. The Government will not provide any information concerning requests for B-1

Back to Table of Contents RFP-DCS-00-42 Section B clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at the DOLETA Internet site (HTTP://WWW.DOLETA.GOV). B-2 RFP-DCS-00-42 Section C SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 BACKGROUND Job Corps is a major employment and training program designed to address the barriers to employment faced by low income, at-risk young people throughout the United States. The Job Corps program was established by the Economic Opportunity Act of 1964. Authorization was continued under Title IV-B of the Comprehensive Employment and Training Act of 1978 (CETA), then superseded by Title IV-B of the Job Training Partnership Act of 1982 (JTPA) as amended by the Job Training Reform Amendments of 1992. Current authorization for Job Corps is Title I-C of the Workforce Investment Act of 1998. The program is nationally administered through the U.S. Department of Labor Employment and Training Administration (ETA), Office of Job Corps, in Washington, D.C. and one hundred-twenty job corps centers. Job Corps is designed to assist young people who both need and can benefit from the array of services provided in Job Corps centers. The program is targeted to 16 - 24 year-old youth who face multiple barriers to employment. Job Corps provides a comprehensive mix of services to address these barriers including basic education, occupational exploration, vocational training, work-based learning, social and employability skills training, health care, counseling, and related services, recreation and post program placement support. The aim of the program is to help youth become responsible adults, and to prepare them to obtain employment, or to return to school or further training. Major corporations and nonprofit organizations manage and operate 91 of the 119 Job Corps centers under competitively awarded contracts with the Department of Labor. The Departments of Agriculture and Interior operate 28 Job Corps centers, called civilian conservation centers, on public lands throughout the country under Interagency agreements with the Department of Labor. It is the residential aspect of Job Corps that distinguishes it from other employment and training programs and enables Job Corps to provide a comprehensive array of services in one setting 24 hours a day, seven days a week. Approximately 90% of students are residential; the remainder commute to the center daily to attend classes. Enrollment in Job Corps is voluntary. The Job Corps National Office Environmental, Health (wellness) and Safety, and Sanitation Support Contractor shall maintain a staff of key professionals and consultants on an as needed basis sufficient to perform the requirements of the contract. The contractor's staff shall be available to function as consultant C-1

Back to Table of Contents RFP-DCS-00-42 Section C experts and support staff on matters of Environmental Health (wellness) and Safety, and Sanitation as delineated in the Statement of Work. They shall be able to provide expeditious responses when the need arises and may often have to travel via airplane. The environmental health (wellness) and safety, and sanitation program is preventive one which has served to protect Job Corps students from all but isolated instances of food poisoning and food infections, from contamination of food poisoning and food infections, from contamination of food, water, milk. Airborne diseases such as influenza have been contained by prevention of overcrowding in dormitories and classrooms, and assurance of proper ventilation in classrooms and enclosed work spaces such as welding and other shop areas. Occasional cases of airborne disease such as meningitis and tuberculosis have been identified and prevented from spreading by medical and environmental measures. Great attention has been paid to the elimination of environmental and safety hazards in training, recreational, residential life and other areas to prevent illness, or accidents and injuries caused by slip and trip hazards, electrical shock, unguarded machinery, and improper use of chemical products. C.2 PURPOSE AND SCOPE The purpose of this contract is to provide assistance to the Employment and Training Administration (ETA) of the Department of Labor (DOL) in the management and oversight of the Job Corps environmental, health (wellness) and safety, and sanitation program. Toward this end in the contractor will: 1. Assist in the development, implementation, environmental, safety and health (wellness) guidelines and 2. Monitor and provide for the technical Corps Center environmental, safety and health (wellness), programs: 3. Provide training and logistical support to Job delivery of Job Corps environmental, safety and programs and procedures; 4. Provide logistical support to the Job Corps C.3 SPECIFIC REQUIREMENTS KEY STAFF are delineated as follow: ENVIRONMENTAL SPECIALIST/ASSOCIATE TRAINER (ES/AT) Major Requirements: College Degree and / or 3-5 years of experience in the Environmental Health or other health related areas preferred; C-2

Back to Table of Contents RFP-DCS-00-42 Section C Public speaking or teaching experience and an ability to write memoranda, reports and letters. (Writing Sample Required) Ability to travel 4-8 times per year, sometimes on short notice, across the US and its territories. Additional considerations- The ES/AT should be a self -starter, goal oriented, team player with pleasant, helpful attitudes, and an eagerness to learn new and different things. The ES/AT will be a member and participant of the Quality of Life team. The ES/AT will participate in all activities and work assignments of the Quality of Life team as directed by the team leader or coordinator. The ES/AT will be expected to attend training courses including OSHA 601, and other training and additional continuing education courses as deemed necessary by the National Office of Job Corps. The ES/AT will carry out their daily duties and provide technical assistance training to the Job Corps Centers with minimal supervision. A verbal semi-annual and written annual performance rating will be provided by the GAR and Project Coordinator. Estimated hours: Full-time equivalent or approximately 2,000 hours ENVIRONMENTAL ENGINEER, PE ( can be a consultant) Professional Engineer with no less then 3-5 years of experience in the maintenance and operation of wastewater treatment, drinking water distribution, and storage systems; underground storage tanks, sick building syndrome; toxic and hazardous waste removal procedures. Estimated hours: 75% of a Full-Time equivalent or approximately 1,500 hours per year PROJECT COORDINATOR/ASSOCIATE TRAINER (PC/AT) Responsible for coordinating contract activity. Will also serve as an associate trainer providing technical assistance training and compliance review to Job Corps centers in Food Service and Residential Sanitation. Along with the GAR, the PC/AT is responsible for assuring that the Environmental Specialist/ Associate Trainer (ES/AT) is being provided minimal guidance and assistance to ensure that all of the functions of his/her position, including technical assistance training and compliance review are conducted in a timely and exemplary fashion. When the Project Coordinator (PC/AT) is scheduled to be absent for more that five days, the contractor shall notify the GAR. Estimated hours: Not to exceed 35 - 40% of a full-time Equivalent. No more that 150 hours will be utilized in monitoring other professional staff. C-3

Back to Table of Contents RFP-DCS-00-42 Section C It is also expected that the contractor shall use other support (i.e., clerical, logistical, editor,) staff on an as needed basis. Also, it may be necessary to hire expert consultants on a short term basis (i.e., Industrial Hygienist, Safety Professional, Food Sanitation, and Swimming Pool experts) Estimated Total Consultant Hours: Approximately 220 hours. (Use is only on an as needed basis with the approval of the GAR.) C.4 ADDITIONAL REQUIREMENTS Specific Requirements Current program requirements are stated in the Federal Register Title 20 CFR 652. Operating requirements for all portions of the Environmental Health and Safety and Sanitation Program are specified in the Job Corps Policy and Requirements Handbook (PRH). In addition, various Technical Assistance Guides (TAGs) provide specific guidance and direction to ensure that center operators are in compliance with the CFR, PRH and/or other Federal regulations related to environmental health and safety and sanitation. In brief, each Job Corps center must have routine environmental inspections conducted weekly by the center safety officer, and quarterly inspections by qualified non-center personnel (e.g., state or local health department inspectors or private contractors approved by the National Office for hiring by the center). The reports of quarterly inspections are submitted to the Job Corps National Office Environmental Support Contractor for review and analysis. The contractor, based on review and analysis of the quarterly inspection reports, shall bring deficiencies or other potential problems, or shall call the matter(s), to the attention of the National Office for other considerations (e.g., capital improvement funding, technical assistance from the Job Corps National Office A & E Contractors). The contractor will work closely and establish a relationship with the Job Corps National Office A & E Contractors, in an effort to help them identify and report safety and health issues on the facility site surveys. Additionally, the contractor shall be expected to provide the Job Corps National Office (i.e., the GAR, Health and Wellness Nursing Director) with a timely quarterly report of non-reporting and late reporting centers. Also, the contractor shall include a brief narrative analysis on the environment health status of the centers, by region and by agency. After the approval of the GAR, this will be issued to Job Corps Regional Directors and Agency Heads. C.5 TASKS In order to assure students and center staff live and work in a safe and healthy environment, the contractor shall assist the National Office of Job Corps in handling environmental, safety and health, and sanitation problems. The following tasks and projects shall be required by the Government C-4

Back to Table of Contents RFP-DCS-00-42 Section C and performed by the contractor: Task I Review and log incoming quarterly environmental health reports (each work day) and prepare a timely summary for review by the GAR and Health and Wellness Nursing Director and distribution to the Job Corps Regional Directors and Agency Heads. When a center indicates that the corrective action is beyond their capability, the GAR may instruct the contractor to provide written, telephonic, or on-site technical assistance ( see Task VII) Task II Conduct two National Safety and Health Conferences each year in the Fall and Spring. The Contractor will plan and conduct two 3.5 day conferences for center safety and health officers and health and wellness mangers along with regional staff including project managers and other appropriate staff. One will take place on the West Coast for the center staff located in that area and the other on the East Coast for center staff in that area. Components of the training shall include programs and resources under the Secretary's initiative, new safety regulations and new agency priorities in safety areas, facilitating the model safety and health program, environmental concerns, preparation of required plans and reports, inspection requirements, safety as a collateral duty, hazard analysis, and other areas of particular concern. In place of the National Safety and Health Conferences, the GAR may request the contractor to plan and conduct three 2-3 day smaller, up to four, focused conferences/training sessions in lieu of conferences. Task III Publish a quarterly safety and health news letter to the field, specifically dealing with Safety and Health issues, current information regarding safety and health, new initiatives, and articles that will enhance the quality of life of the students on Job Corps centers. The contractor will edit materials, place in camera-ready format, print materials, and submit then to JC National Office for distribution. Task IV Maintain a current and ongoing knowledge of Federal and State environmental and safety regulations which may impact the Job Corps, and provide written guidance and technical advice regarding the applicability of these regulations. Further, the contractor will remain knowledgeable of new innovations in the area of food service, residential sanitation and fire safety. In that regard, the contractor is expected to obtain state of the art videos, periodicals, circulars, and bulletins to enhance these programs area. Task V Conduct 7-12 special assistance visits to Job Corps centers as requested by the GAR to resolve environmental issues and concerns (e.g., wastewater, drinking water, underground storage tanks, food C-5

Back to Table of Contents RFP-DCS-00-42 Section C and residential sanitation, including swimming pools). Task VI When requested by the GAR, conduct 5-7 on-site technical assistance visits to Job Corps Centers that have been having difficulty with various aspects of sanitation in the Food service, Residential, Culinary Arts, and snack bar areas, and provide on-site training for selected staff. Task VII Conduct one 2 ½ day Food Service Sanitation Training Session in the central part of the USA for 'new' food service and culinary arts staff. The major focus will be on compliance with the US Public Health Service Food Code and the use of the Food Service Technical Assistance Guide (TAG). The maximum trainee participation shall not exceed 35. Task VIII Provide technical support to the Job Corps National Office on safety and health initiatives and tasks: Assist in the implementation of a model for safety and health programs for Job Corps, Develop strategies for sound reporting of accident and injury statistics: Analyze and report on the cause and nature of accidents and injuries within Job Corps; Implement current knowledge, standards, and information in occupational safety And industrial hygiene; Prepare and present training and implementation programs relative to safety and health within Job Corps. Be readily available/responsive to the National Office to attend meetings and/or make presentations; and In accordance with FAR Sections 52.224-1 and 52.224-2 regarding compliance with the Privacy Act of 1974, hold all data in confidence thus protecting the privacy rights of individuals for whom sensitive information has been obtained during the analysis and review of various reports. Conduct two workgroups to coordinate and assist Job Corps and OSHA with the design and development of a Job Corps specific OSHA 601 course. Task IX Update and revise TAG 6-M Part 3: Water Supply and Treatment, December 1992: TAG 6-M Part 4: Wastewater Treatment, December 1992; and TAG 6-M C-6

Back to Table of Contents RFP-DCS-00-42 Section C Part 5: Solid Waste Management, December 1992. . C-7 RFP-DCS-00-42 Section D SECTION D - PACKAGING AND MARKING [For this Solicitation, there are NO clauses in this Section] D-1 RFP-DCS-00-42 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.246-5 INSPECTION OF APR 1984 SERVICES--COST-REIMBURSEMENT E-1 RFP-DCS-00-42 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I (APR 1984) F.2 PERIOD OF PERFORMANCE The period of performance shall be twelve (12) months from the date of contract execution, plus four 1-year options to extend at the discretion of the Government. F.3 LEVEL OF EFFORT The level of effort for this solicitation is between 5 and 5.5 professional person years. The level of effort for each option period is equal to the base year plus inflation. The inflation rate will be determined by the Bureau of Labor Statistics. F.4 REPORTS/DELIVERABLES The contractor shall be responsible for submission of reports and deliverables as described in Section C of the solicitation. The contractor shall furnish to the Government Authorized Representative (GAR) an original and two (2) copies of the reports and documents listed below: A. Quarterly Reports - The Contractor shall submit a quarterly environmental health status reports for centers and civilian conservation centers. B. Monthly Reports - The Contractor shall submit monthly contract status report. C. Special Reports - The Contractor shall submit special reports for environmental issues, e.g., a particular problem with waste water F-1

Back to Table of Contents RFP-DCS-00-42 Section F treatment or sewage contamination. D. Conference/Training Reports - The Contractor shall submit conference and /or training reports. F-2 RFP-DCS-00-42 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 Keith A. Bond whose authority to act on behalf of the Contracting Officer is limited to the extent set forth in (B) below. Under no circumstances is the Government Authorized Representative (GAR) authorized to sign any contractual documents or approve any alteration to the contract involving a change in the scope, price, terms or conditions of the contract or order. (B) The Government Authorized Representative is authorized to: (1) Monitor and inspect Contractor's performance to ensure compliance of the scope of work. (2) Make determinations relative to satisfactory or unsatisfactory performance, including acceptance of all work performed and/or all products produced under the terms of the contract. (3) Review and approve invoices. (4) Review and approve Contractor's project staff as may be called for on the contract. (5) Recommend program changes to the Contracting Officer as a result of monitoring or as may be requested by the Contractor. (6) Review, coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract. G.2 INVOICE REQUIREMENTS Contractor will prepare and submit proper invoices (as defined in C below) in accordance with the criteria outlined below. (Also, see Clause 52.232-8 "Discount for Prompt Payment", contained in Section I of the contract.): A. (1) If the contract is a cost-reimbursement type contract, the contractor will submit three (3) ink- signed copies of the invoice, Cost Contractor's Invoice, (ETA 3100-1), together with a detailed report of expenditures, Cost Contractor's Detailed Statement of Costs (ETA 3-2), to the Government Authorized Representative (GAR), U.S. Department of Labor, not more frequently G-1

Back to Table of Contents RFP-DCS-00-42 Section G than monthly, unless otherwise so authorized in the contract. (2) If the contract is a fixed-price type contract, the contractor may submit SF-1034, Public Voucher, or the equivalent thereto; i.e., contractor's own invoice, in lieu of the forms described in A(l) above. (3) Invoices should be submitted to the individual listed below: TBD U.S. Department of Labor, ETA 200 Constitution Avenue, NW, Room TBD Washington, D.C. 20210 B. The Detailed Report of Expenditures (ETA 3-2) submitted with the Invoice (ETA 3100-1) must include the same budget line items or cost categories as appears in the contract, including any modifications thereto. C. To constitute a proper invoice, the invoice, must include the following information and/or attached documentation: (1) Name and address of the Contractor; (2) Invoice date; (3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms. Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7) Name (where practicable), title, telephone number and mailing address of person to be notified in event of a defective invoice. (8) Any other information or documentation required by other requirements of the contract. In addition to the above, invoices should be numbered consecutively. All final invoices shall be clearly marked Final Invoice. G-2

Back to Table of Contents RFP-DCS-00-42 Section G G.3 METHOD OF PAYMENT A. Payments under this contract will be made either by check or electronic funds transfer (through the Treasury Fedline Communications System (FEDLINE) or the Automated Clearing House (A H)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. The contractor shall submit this designation to the Contracting Officer or other Government official as directed. B. For payments through FEDLINE, the Contractor shall provide the following information: (1) Name, address, and telegraphic abbreviation of the financial institution receiving payment. (2) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. (3) Payee's account number at the financial institution where funds are to be transferred. (4) If the financial institution does not have access to the Federal Reserve Communications System, provide the name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution. C. For payments through ACH, the Contractor shall provide the following information: (1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE). (2) Number of account to which funds are to be deposited. (3) Type of depositor account ("C" for checking, "S" for savings). (4) If the Contractor is a new enrollee to the ACH system, a "Payment Information Form," SF 3881, must be completed before payment can be processed. D. In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government G-3

Back to Table of Contents RFP-DCS-00-42 Section G official 30 days prior to the date such change is to become effective. E. The documents furnishing the information required in paragraphs B and C above must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number. F. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. G. The Contractor shall forward the information required above to: U.S. Department of Labor, ETA Division of Accounting, Room N-4702 200 Constitution Avenue, NW Washington, DC 20210 G-4 RFP-DCS-00-42 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 VACATIONS, SICK-LEAVE HOLIDAYS The Contractor may grant leave in accordance with its established written policy, provided that policy is accepted by the Contracting Officer or, in the absence of an established policy, leave may be granted as follows: Vacation: Maximum 2 weeks (10 working days) Sick Leave: Maximum 2 weeks (10 working days) Holiday: Maximum of paid holidays Leave shall be accrued at the rate of 5/6 of 1 day per month for each month employed. If the term of this contract is for more than or less than 1 year, the above leave shall be adjusted accordingly. H.3 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 H-1

Back to Table of Contents RFP-DCS-00-42 Section H subsistence expenses. To this end, consideration should be given to factors which reduce the expenses of the employee such as: known arrangements at temporary duty locations where lodging and meals may be obtained without cost or at prices advantageous to the traveler; established cost experience in the localities where lodging and meals are required; situations where special rates for accommodations have been made available for a particular meeting or conference; the extent to which the traveler is familiar with establishments providing lodging and meals at a lower cost in certain localities, particularly, where repeated travel is involved; and the use of methods of travel where sleeping accommodations are provided as part of the transportation expenses. All travel shall be at tourist, coach, or less than first class unless itinerary or unavailability dictate otherwise. All temporary duty and local area automobile travel shall be allowed as prescribed by the applicable Travel Regulations. Copies of applicable Travel Regulations can be obtained as follows at a fee: a. Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Stock No. 022-001-81003-7. b. Joint Travel Regulations, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, the Commonwealth of Puerto Rico, and territories and possessions of the United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 908-010-00000-1. c. Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in 1 and 2 above: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 744-008-00000-0. H.4 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 H-2

Back to Table of Contents RFP-DCS-00-42 Section H 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.5 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.6 ACCOUNTING AND AUDITING SERVICES (a) Accounting The contractor may procure and utilize such accounting services as are required to establish and maintain an accounting system which reflect accurate, current and complete financial transactions and which meet the standards of the Comptroller General of the United States and the Department of Labor. (b) Auditing The contractor shall audit or have audited subcontractor financial records as may be required to determine, at a minimum, the fiscal integrity of financial transactions and compliance with laws, regulations and administrative requirements. The U.S. Department of Labor shall be responsible for scheduling all audits of the prime contractor's books, documents, papers and records. The Department will use its own audit resources or shall use certified or public accountants under contract or auditors from another Federal agency. Cost of Accounting Services and Audit of subcontractors as described herein are allowable cost under this contract. Costs for audits for which the U.S. Department of Labor is responsible are unallowable. H-3

Back to Table of Contents RFP-DCS-00-42 Section H H.7 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.8 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.9 SUBMISSION OF CORRESPONDENCE All correspondence relating to contractual aspects shall be directed to the Division of Contract Services, Attention: Contracting Officer. H.10 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.11 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, H-4

Back to Table of Contents RFP-DCS-00-42 Section H as amended. H.12 DISPOSITION OF MATERIAL Upon termination or completion of all work under this contract, the Contractor shall prepare for shipment, deliver F0B destination, or dispose of all materials received from the Government and all residual materials produced in connection with the performance of this contract as may be directed by Contracting Officer, or as specified in other provisions of this contract. All materials produced or required to be delivered under this contract become and remain the property of the Government. H.13 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.14 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-5

Back to Table of Contents RFP-DCS-00-42 Section H H.15 DISCLOSURE OF CONFIDENTIAL INFORMATION The Contractor agrees to maintain the confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, test reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the contract and to persons having responsibilities under the contract, including those furnishing services to the projects under subcontracts. H.16 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. H-6

Back to Table of Contents RFP-DCS-00-42 Section H -- The lawyer made her final summation. (f) Avoid the use of stereotyped terms or expressions such as "man-sized" job. -- Employee-years and employee-hours (or staff-hours) instead of man-years and man-hours. (g) The use of art work in publications should conform to the following guidelines: (i) Strive to use racially and sexually balanced designs. (ii) Depict both men and women in art work on general subject matters. (iii) Show men and women in a variety of roles in photographs, illustrations, and drawings. -- Show women and men as managers and skilled laborers. H.17 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.18 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.19 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.20 PUBLICATION OF MATERIALS The Contractor shall receive permission from the Contracting Officer prior to publishing any works performed under this contract. H-7

Back to Table of Contents RFP-DCS-00-42 Section H 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 N/A 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.21 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 H-8

Back to Table of Contents RFP-DCS-00-42 Section H after the end of its fiscal year. All other contractors must submit their final rate proposals within 6 months after the end of their fiscal year. Block 1 or 2 is completed below as appropriate for affected new contracts or modifications. BLOCK 1 Rate category: (check one) Your Billing Overhead Provisional Base: Final (And, if applicable) See Attached Agreement General and Admin. Other (Explain) Base: Effective from to or if multi-year, please explain here: BLOCK 2 (For special indirect cost ceilings) Special percent ceiling is % for (usually overhead) and if applicable, % for General and Administrative. Base: OR Special dollar ceiling is $ for (usually overhead) and if applicable, $ for General and Administrative. Base: Effective from to or if multi-year, please explain here: If applicable for ceilings, please describe here any situation whereby the bases in Block 2 above differ from the bases in Block 1 above. Also, the maximum reimbursement for indirect costs under this contract will be based on the lower of the negotiated rates or ceilings. If the Department of Labor (DOL) is your cognizant agency, proposals for indirect cost rates and supporting data and documentation should be sent to the DCD Negotiator in the appropriate DOL Regional Office or if applicable, to the DCD National Office whose address and phone number is listed below. In addition, if you do not know your cognizant Federal agency, please call the phone number listed below: Director, Division of Cost Determination (DCD) U.S. Department of Labor, OASAM 200 Constitution Avenue, N.W., Room S-5520 H-9

Back to Table of Contents RFP-DCS-00-42 Section H Washington, D.C. 20210 Tel. (202) 219-8391 H-10 RFP-DCS-00-42 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 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS DEC 1998 (DEC 1998) 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR OCT 1997 POSTRETIREMENT BENEFITS OTHER THAN PENSIONS (PRB) 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997 52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000 52.216-8 FIXED-FEE MAR 1997 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE JAN 1999 FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999) I-1

Back to Table of Contents RFP-DCS-00-42 Section I 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 1999 52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996 52.222-3 CONVICT LABOR AUG 1996 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999 52.222-26 EQUAL OPPORTUNITY FEB 1999 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998 AND VETERANS OF THE VIETNAM ERA 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998 DISABILITIES 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999 AND VETERANS OF THE VIETNAM ERA 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.227-14 RIGHTS IN DATA--GENERAL JUN 1987 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 52.232-17 INTEREST JUN 1996 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999 CONTRACTOR REGISTRATION 52.233-1 DISPUTES MAR 1994 ALTERNATE I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996 ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 52.242-13 BANKRUPTCY JUL 1995 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987 ALTERNATE I (APR 1984) 52.244-2 SUBCONTRACTS AUG 1998 ALTERNATE II (AUG 1998) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1998 COMMERCIAL COMPONENTS 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. I-2

Back to Table of Contents RFP-DCS-00-42 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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ I.5 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 IN 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. I-3

Back to Table of Contents RFP-DCS-00-42 Section I (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 RFP-DCS-00-42 Section J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS ATTACHMENT NO. NUMBER TITLE DATE PAGES J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (9 PAGES) J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES) J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES) J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE) J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2 (1 PAGE) J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT, OMB 1293-0005 (3 PAGES) J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES) J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES) J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES) J-1 RFP-DCS-00-42 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 52.209-5 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 K-1

Back to Table of Contents RFP-DCS-00-42 Section K (a)(1)(i)(B) of this provision. (ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. K.3 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